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Producer Company Registration

A producer company is a corporate body that has the objects or activities relating to primary production as specified under the Act. In a producer company, a group of people is related to farming and selling/exporting also.

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A producer company is a distinctive form of business organization that primarily focuses on improving the economic status of its members, who are primarily engaged in agricultural, horticultural, or related activities. Established under the Companies Act, 2013, registering a producer company in India comes with several benefits, including improved access to credit, infrastructure facilities, and greater income stability for individuals involved in primary farming activities. This article will provide a comprehensive step-by-step guide to help individuals understand the registration process for a producer company in India.

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Step 1: Identify the Eligibility Criteria:

To qualify for registering a producer company, ensure that you meet the following criteria:
  1. 1. The company must have at least ten individuals or two producer institutions as its members.
  2. 2.All members must be involved in primary agricultural or related activities.
  3. 3.The primary aim of the company must be to benefit its members economically or socially.

Step 2: Drafting and Submission of Documents:

Gather the necessary documents for registration, include

Memorandum of Association (MoA)

It specifies the objectives, name, registered office address, and details of the members.

Articles of Association (AoA)

It outlines the internal regulations and management structure of the producer company.

Declarations and affidavits

These documents acknowledge that all requirements for registration have been fulfilled.

Director Identification Number (DIN)

All proposed directors must obtain a DIN from the Ministry of Corporate Affairs (MCA).

Digital Signature Certificates (DSC)

Obtain DSC for proposed directors and other authorized signatories.

Step 3: Approval of Name and Preparing the Necessary Documents:

    1. 1. Choose a unique name for the producer company ensuring it complies with the naming guidelines set by the MCA.
    2.  
    3. 2. Submit the name approval application along with the required fees to the Registrar of Companies (ROC).
    4.  
    5. 3. Prepare the necessary documents, including MoA, AoA, and other declarations mentioned in Step 2.
    6.  

Step 4: Application and Payment of Fees:

Prepare the forms and file the necessary documents with the ROC:

Step 5: Verification and Scrutiny:

Once the application is submitted, the ROC will verify the documents and raise objections, ifany. Respond promptly to address any concerns raised by the ROC.

Step 6: Certificate of Incorporation and Commencement of Business:

  1. 1.Upon successful verification, the ROC will issue a Certificate of Incorporation, along with unique Corporate Identification Number (CIN
  2.  
  3. 2. Obtain other essential registrations, such as Permanent Account Number (PAN), Goods and Services Tax (GST), and opening a bank account in the company’s name.
  4.  
  5. 3. Initiate the process of conducting business activities as specified in the MoA.

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Conclusion

Registering a producer company in India requires careful adherence to the steps outlined above. From determining eligibility criteria to obtaining the Certificate of Incorporation, every step is crucial in establishing a successful producer company. Adhering to the guidelines and regulatory provisions ensures that the company functions effectively and serves the members’ interests, thereby contributing to the overall welfare and prosperity of the agricultural sector in India. In conclusion, there are several benefits to registering a Farmer Producer Company (FPC) in India.

Firstly, FPCs provide a platform for small and marginal farmers to come together and collectively engage in agricultural activities. Through collective decision-making and resource pooling, FPCs empower farmers and help them improve their bargaining power in the market. Secondly, FPCs can access various government schemes, support, and subsidies that are specifically designed for farmer groups. This enables them to avail financial assistance, technical knowledge, and training to enhance their agricultural practices and productivity. Thirdly, by registering as an FPC, farmers can minimize their production costs and improve their access to input resources. FPCs are eligible for bulk purchases and can directly negotiate with input suppliers, thereby obtaining quality inputs at lower prices.

Furthermore, FPCs enable farmers to adopt modern farming techniques, including the useof technology and mechanization. By sharing resources and knowledge, FPCs facilitate the adoption of better farming practices, leading to increased yields and improved profits. Additionally, FPCs provide a platform for value addition and marketing of agricultura lproduce. By collectively processing, packaging, and branding their products, FPCs can command better prices in the market and reduce the dependency on middlemen.

FAQ

A Producer Company is a legally recognized entity in India formed by primary producers such as farmers, artisans, or fishermen. Its purpose is to improve the income and living standards of its members by leveraging collective power in areas like procurement, production, processing, and marketing.

  • Collective Bargaining Power: Helps in getting better prices for inputs and outputs.
  • Access to Credit and Finance: Easier access to financial resources and subsidies.
  • Professional Management: Structured management improves efficiency.
  • Market Linkages: Better access to markets and value addition opportunities.
  • Government Schemes: Eligibility for various government schemes and grants.
  • Minimum Members: 10 individual producers or 2 producer institutions.
  • Directors: Minimum of 5 and a maximum of 15 directors.
  • Limited Liability: Members’ liability is limited to the unpaid amount of shares held.
  • Share Capital: Shares cannot be traded publicly but can be transferred to other producers.

Any ten or more individuals who are primary producers (farmers, artisans, etc.), or any two or more producer institutions, can come together to form a Producer Company.

  • Identity proof and address proof of all members (Aadhar card, PAN card, utility bills, etc.).
  • Passport-sized photographs of all members.
  • Proof of agricultural land or primary production activity.
  • MOA (Memorandum of Association) and AOA (Articles of Association).
  • Declaration by first subscribers and directors.
  • Address proof of the registered office.
  • Legal Framework: Producer Companies are governed by the Companies Act, 2013, whereas Cooperative Societies are governed by Cooperative Societies Acts of respective states.
  • Regulatory Authority: Producer Companies are regulated by the Ministry of Corporate Affairs (MCA), while Cooperative Societies are regulated by the Registrar of Cooperative Societies.
  • Management: Producer Companies have a more professional management structure compared to Cooperative Societies.
  1. Obtain Digital Signature Certificates (DSC) for all directors.
  2. Obtain Director Identification Numbers (DIN) for all directors.
  3. Apply for name approval using the RUN service on the MCA portal.
  4. Prepare MOA and AOA along with other required documents.
  5. File incorporation documents through the SPICe form on the MCA portal.
  6. Obtain the Certificate of Incorporation from the Registrar of Companies (ROC).
  7. Apply for PAN and TAN.
  8. Open a bank account in the name of the Producer Company.

Yes, Producer Companies can accept deposits from its members, similar to other companies. However, they need to comply with the rules and regulations under the Companies Act, 2013.

  • Sale of Produce: Selling the produce of its members.
  • Processing and Marketing: Adding value to produce through processing and direct marketing.
  • Service Charges: Charging for services provided to members such as procurement, storage, transportation, etc.
  • 1.Holding regular board meetings and annual general meetings.
  • 2.Filing annual returns and financial statements with the ROC.
  • 3.Maintaining statutory registers and records.
  • 4.Ensuring audit of accounts as per the Companies Act, 2013.
  • No, only primary producers who are Indian citizens can be members of a Producer Company. However, experts or professionals who are not primary producers can be appointed as directors to provide technical expertise.

Yes, various schemes and subsidies are available from the central and state governments, as well as from institutions like NABARD, to support the formation and growth of Producer Companies. These can include grants for infrastructure, subsidies for marketing, and financial assistance for capacity building.

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