Compliance for Producer Companies

Compliance for Producer Companies

Read Time:4 Minute, 40 Second

Critical Aspects of Producer Company Operations are listed as follows:

  • Audit and Reporting: Producer Companies must ensure rigorous financial management, including annual audits and presenting audited financials and reports at the AGM, with mandatory filings to the Registrar of Companies.
  • Conversion: Existing cooperative societies in primary production can transition into Producer Companies under the Companies Act 2013.
  • Taxation: Producer Companies are subject to standard corporate taxation but may qualify for agricultural activity-related tax benefits.
  • Share Capital Requirements: A minimum of Rs. 5 lakhs authorised and Rs. 1 lakh paid-up share capital is required, with options to raise further capital per the Companies Act provisions.
  • Operational Objective: The company’s objectives must emphasise the production, handling, and marketing of members’ primary produce, including import for member benefits.
  • Leadership and Decision-making: Managed by a member-elected board, ensuring decisions align with company and member interests.
  • Profit Sharing: Dividends can be distributed, capped at 20% of annual profits, in line with shareholdings.
  • Operational Restrictions: Speculative activities unrelated to primary production are prohibited.
  • Structural Flexibility: Conversion to a regular company is possible under specific conditions.
  • Dissolution/Winding-Up Procedures: Voluntary or NCLT-ordered winding up follows standard company procedures.
  • Voting Limitations: Voting by proxy is disallowed, focusing only on production-related resolutions.
  • Regular Meetings: At least four board meetings yearly, adhering to quorum requirements.
  • Financial Prudence: A statutory reserve from net profits is mandated until it matches the paid-up share capital designated for specified uses.
  • Expertise Utilization: Option to hire professional managers with board and member approval.
  • NABARD Registration: Registration with NABARD enables access to financial and technical support for agricultural advancements.
  • Operational Expansion: Branches for primary activities are permitted under central management and Companies Act compliance.
  • Annual Return: An annual return detailing company operations, membership, and financial health must be filed with the Registrar of Companies.

Seamless Producer Company Registration with IndiaFilings

IndiaFilings offers comprehensive assistance in starting a Producer Company, providing expert support throughout the process. With a dedicated team of professionals, IndiaFilings ensures seamless end-to-end support for Farmer producer company registration process, guiding you through every step, from initial paperwork to final approval. Beyond the registration phase, IndiaFilings offers a range of post-incorporation services designed to help your Producer Company thrive and comply with regulatory requirements, making it a one-stop solution for all your incorporation needs.

Search Business NameSearch Trademark

Check Business Name Availability

Find if business name can be registered with MCA in India

To register a company in India, the first step is to obtain name approval for the business from the Ministry of Corporate Affairs (MCA). This process takes about 24-48 hours. A private limited company name in India must end with the words private limited. One Person Company ends with (OPC) private limited. LLP end with LLP and Section 8 companies can end with words like foundation, association or institution.

A company name proposed to be registered cannot be identical or similar to an existing company name. Also, every company name must include a word that denotes the activity undertaken. For example, in VERVE Financial Services Private Limited – Financial Services denote the activity undertaken. Check Business Name Availability.

Proprietorship vs Limited Liability Partnership (LLP) vs Company

FeaturesProprietorshipPartnershipLLPCompany
DefinitionUnregistered type of business entity managed by one single personA formal agreement between two or more parties to manage and operate a businessA Limited Liability Partnership is a hybrid combination having features similar to a partnership firm and liabilities similar to a company.Registered type of entity with limited liability to the owners and shareholders
OwnershipSole OwnershipMin 2 PartnersMax 50 PartnersDesignated PartnersMin 2 DirectorsMin 2 ShareholdersMax 15 DirectorsMax 200 ShareholdersFor One Person Company1 Director1 Nominee Director
Registration Time7-9 working days
Promoter LiabilityUnlimited LiabilityLimited Liability
DocumentationMSMEGST RegistrationPartnership DeedLLP DeedIncorporation CertificateMOAAOAIncorporation Certificate
GovernanceUnder Partnership ActLLP Act, 2008Under Companies Act,2013
TransferabilityNon TransferableTransferable if registered under ROFTransferable
Compliance RequirementsIncome tax filing if turnover is more than Rs.2.5 lakhsITR 5Form 11Form 8ITR 5ITR 6MCA filingAuditor’sappointmentKnow More

Documents Required For Producer Company

PAN Card Farmer Certificate

All Director and Shareholders All Director and Shareholders

Electricity Bill Registered Office Address Proof

Latest Telephone Bill

Aadhaar Card Latest

All Director and Shareholders Gas Bill

Bank Statement Latest

All Director and Shareholders

Producer Company FAQ’s

What is a Producer Company?

A Producer Company is a formally established group of farmers or agriculturists aimed at enhancing their quality of life, financial support, and income. It combines elements of private limited companies and cooperatives to facilitate cooperative businesses and transitions existing cooperatives into company structures.

What are the primary objectives of a Producer Company?

What legal framework governs Producer Companies in India?

What are the advantages of starting a Producer Company?

How is membership structured in a Producer Company?

What is the governance structure of a Producer Company?

What are the minimum share capital requirements for a Producer Company?

What is the registration procedure for a Producer Company?

What are the compliance requirements for Producer Companies?

How does IndiaFilings assist in Producer Company registration?

Can existing cooperative societies transition into Producer Companies?

What are the main activities of a Producer Company?

Is there a requirement for regular meetings in Producer Companies?

What are the taxation considerations for Producer Companies?

Can Producer Companies distribute dividends?

Is there a provision for hiring professional managers in Producer Companies?

What are the post-incorporation steps for Producer Companies?

Can Producer Companies operate nationwide?

How can one verify the availability of a company name for a Producer Company?

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