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All You Need To Know About Producer Company in India

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Introduction: Producers Company

The dependence on the Agricultural industries of most of the sectors makes the Producer's Company registration becomes more important. The loss that is being suffered due to lack of knowledge and technology of the protection method of the agricultural products ultimately impacts the total efficiency of the growth of the nation.

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The producer Company is a business that is known Cooperative Societies. The person who is ‘Principal Producer’ is allowed to incorporate producers' businesses and owned businesses. 

The Primary producers are Agricultural products, Animal Husbandry, horticulture, Forest products, Beekeeping, re-vegetation, plant farming, handloom workers, handcrafting, and other handmade products and related enterprises.

Meaning of the Producers Company as per the Companies Act, 2013

The Producer Company is the legally recognized group of Farmers, Agricultural, who unites with the motive to assist in income generation, and maximization of profits. The minimum number of members who can form a Producer Company is ten with the objective of exporting, Selling, and Marketing their business products, two members are required to register themselves as a Private limited company. The Company must have a minimum paid-up capital of five lakh rupees, and the number of directors should not exceed five. The profit share of the Company should be proportional to the amount of Investment made by them and money contributed by the firm. 

Benefits of Registration of the Producer Company 

  • The Producer Company Ownership is limited to Principal Producers and the Equity of the members is not saleable. 
  • The number of Members required for the formation of a Producer Company is Two, however, there is no such limitation on the maximum number of members who can be members of the Company.
  • The Companies Act, 2013, section 581-A to 581-ZL describes the Producer Company as a regular Private or Limited Company
  • The provisions relating to private limited Companies or Regular companies are distinguished by The Companies Act, of 2013, however, the Producer Company has been given a Professional Structure.
  • The Member's liability is separate from the personal assets of the Individual and is safe to operate.

Registration procedure of the Producer Company

The registration procedure for the Incorporation of a Company are flow in five stages:

SPICE+ Login Procedure 

  • Login to the MCA website through the link www.mca.gov.in
  • Click on the SPICE+ Login button on the MCA service page 
  • For the New registration, click on the New Application
  • Register yourself with your required credentials 
  • The user has to register through the application along with the proposed name.
  • SPICE+ part A enables the registration of the new application, for the reservation of the new Proposed Company;
  • SPICE + part B includes the users to proceed through the incorporation process

SPICe+ part A or SPICe+ part B

  • SPICe+ Part A
  1. Fill in the details of the proposed Company, type, class, Category, Sub-category, and auto inspection form along with the name in the format given for the incorporation.
  2. Submit after completion of the form for processing of the incorporation.
  • SPICe+ part B 
  • Fill out the form and each step have to ‘Save & Continue’ which needs to be done after confirmation and validation of each segment.
  • Fill in the basics of the Company that needs to be incorporated (Registration and Director Details, Correspondence details, Capital details, etc.)
  • Fill in the PAN No., and TAN no. details of the issuance of DIN.
  • Upload the attachment through the web form and confirm the declarations. The Pre-scrutiny must be done before the submission.
  • Applicant can affix the DSCS after downloading the SPICe+ part B form
  • The forms must be available for the user to download as set on the parameter in Part - B form.

AGILE-PRO-S

AGILE-pro-s is filled in order to get registration in a lot of services through a single platform, the Ministry of Corporate Affairs (MCA) has incorporated the e-form AGILE-PRO-S (form -35). This form needs to be filled along with the SPICe plus incorporation form, wherein the company would be enrolled for the ESIC, GST, and professional tax registration, EPFO, the Shops, and Establishment Registration, Opening of a Bank account. 

  • Documents required SPICe+
  1. MOA & AOA
  2. Directors and Subscribers declaration (no affidavit)
  3. Official address proof
  4. Utility bill (Copy)
  5. Certificate of Incorporation (COI) and Foreign Body corporate;
  6. Resolution from the Promoter Company
  7. Consent of directors and other members of the company
  8. Residential proof of the applicant, Subscribers, and Nominee
  9. Declaration form (INC-14,15)

EAOA & EMOA form

The applicant has to fill out the e Memorandum of Association (eMOA) and E Article of Association (eAOA) along with the SPICe+ form for the incorporation of the Company.

URC-1 & INC-9 Form

  • The URC-1 form in the case of part-1 companies, along with the involved members of the Entities involved.
  • The INC-9 form is auto-generated through the details of the Directors and Members of Part B. which is downloaded from the website  and signed by the Directors 
  • The Completed form must be uploaded to the “Upload forms” after fulfilling all the requirements
  • The SRN no. (Service request number) is generated after the successful submission of the form.

Documents Required for Registration of the Producer Company

  • The Director must have a Digital Signature Certificate (DSC)
  • Aadhar card of the members
  • Personal details 
  • PAN card/Passport/Election ID card details 
  • Email ID
  • Contact Number
  • Photos
  • Bank Statement
  • Residence Proof Bill/Rent agreement/NOC

Conclusion

The Producer Company is regulated by the Companies Act, 2013, to minimize the losses and unproductive farmers, and agriculturalists, who are termed as Producers. The process of registration of the Producer Company is followed through an online platform. Even for the different Producer Companies, the Producers remain the same, and the application form of the same is required to be filled with great accuracy, the facilitation of Agriculture can only result in the development of the Indian Economy.

Private Limited Company Registration

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Public Limited Company

A public limited business structure is great for long run but has more regulatory. Apart from all the advantages of private limited company. It has the ability to have any number of members, ease in transfer of shareholding and more transparency.

Producer Company

A Producer Company is a business which is incorporated with the Ministry of Corporate Affairs for the boosting agricultural cultivation and export. We will do the paper work for you while you can focus on your goal.

This portion of the site is for informational purposes only. The content is not legal advice. The statements and opinions are the expression of author, not corpseed, and have not been evaluated by corpseed for accuracy, completeness, or changes in the law.

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Author
Ravikant Rai
Hi, I am Ravikant Rai, a Technology Lawyer, who graduated with B. A. LL. B. (Hons.) from the school of law and legal affairs at Noida International University I have two years of experience writing about law as a freelancer and aspiring lawyer. In addition, I have experience writing, Content creation and researching legal information. Various articles on business and corporate law, cyber law and cyber security have been authored by me. I currently work in technology deals, corporate, fintech, and cyber law, etc. I have written documents on a variety of subjects, including software licensing, license to use, terms of service, privacy policy, cloud computing service, data security, confidentiality, and data protection, as well as shareholder and founder requirements.

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