Producers buy goods and services and transform them into a sellable product, which they sell to their customers for the purpose of making a profit. Examples of producers are farmers, manufacturers and construction companies.Producer goods refer to the types of products used by producers in their production processes. They include capital goods, semi-finished products and raw materials.
The producer company can be formed by any 10 or more individuals, each of them being individuals or institutions. Its name shall bear the words Producer Company Ltd and liability of the members shall be limited by the memorandum. Any ten or more individuals, each of them being a producer or any two or more Producer institutions, or a combination of ten or more individuals and Producer institutions, desirous of forming a Producer Company having its objects specified in section 581B
The members of the producer company will be entitled to get bonus shares in the same proportion to the shares held by them. The surplus may be given as a patronage bonus to the members of the producer company.
The Board of a producer company can be easily changed by filing simple forms with the Registrar of Companies. The Board controls the activities of the producer company.
Producer Company enjoy better avenues for borrowing of funds when compared to other forms of business such as sole proprietorship and partnership.
A producer company has ‘perpetual succession’, that is uninterrupted existence until it is legally dissolved. A producer company is unaffected by the death or other departure of any member.
A producer company is a legal entity and a juristic person established under the Act. Therefore, a producer company has wide legal capacity and can own property and also incur debts.
NABARD has taken up the cause of supporting and to meet the needs of Producer Companies.t set up a Rs. 50 crore Producer Organisation Development Fund (PODF) in 2011./p>
Personal assets of the shareholders will not be at risk, in the event of the company facing financial distress. Liability of the shareholder is limited to the unpaid amount on his shareholding.
10 or more Producers / 2 or more Producer Institutions can form a Producer Company But there is no upper limit on the number of members.
A minimum capital of Rs. 500,000 is required to incorporate a producer company.
There should be minimum 5 directors (maximum of 15) in a producer company
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The first and foremost step in the procedure is to obtain DSC and DIN. Further, DSC is needed to sign the documents electronically or digitally, and the Certifying Authority issues the same. Also, DIN is required for all the proposed directors of the company. Furthermore, the same can be acquired by just filing the SPICE form as there is no need to file a separate Form.
For reserving the name of a Producer Company, the members of the said company are required to file a RUN (Reserve Unique Name) form with the ROC. After submitting the form, the ROC will then verify the availability of the name proposed by the members. Further, once the name of the company is approved, the certification of incorporation is required to be filed within twenty days.
After obtaining the name approval, an application for incorporation is required to be filed in SPICE form together with all the necessary documents such as the MOA (Memorandum of Association), AOA (Article of Association), affidavit signed by all the members, and the declaration regarding the competence to act as legal subscribers of the company, with the respective ROC (Registrar of Companies).
After verification of the documents and the application for incorporation submitted, a Certificate of Incorporation (COI) is issued by the ROC, and the same takes around seven days.
The following listed are the steps involved in the process for registration of a Producer Company:
Obtain DSC and DIN
The first and foremost step in the procedure is to obtain DSC and DIN. Further, DSC is needed to sign the documents electronically or digitally, and the Certifying Authority issues the same. Also, DIN is required for all the proposed directors of the company. Furthermore, the same can be acquired by just filing the SPICE form as there is no need to file a separate Form.
Application for the Name Approval
For reserving the name of a Producer Company, the members of the said company are required to file a RUN (Reserve Unique Name) form with the ROC. After submitting the form, the ROC will then verify the availability of the name proposed by the members. Further, once the name of the company is approved, the certification of incorporation is required to be filed within twenty days.
Drafting of MOA and AOA
After obtaining the name approval, an application for incorporation is required to be filed in SPICE form together with all the necessary documents such as the MOA (Memorandum of Association), AOA (Article of Association), affidavit signed by all the members, and the declaration regarding the competence to act as legal subscribers of the company, with the respective ROC (Registrar of Companies).
Certificate of Incorporation
After verification of the documents and the application for incorporation submitted, a Certificate of Incorporation (COI) is issued by the ROC, and the same takes around seven days.
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