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Overview of Producer Company Registration

The agricultural industry is the backbone of Indian economy. 60% of India’s population relies on agricultural activities for their livelihood. But these primary producers and farmers struggle a lot to get their share of profit. Keeping their miserable condition in mind, the Government of India has come up with an expert committee, headed by Y.K. Alagh to look into the matter. In 2002, the committee brought the concept of Producer companies in the Indian economy. Since then, they are working with the motive to uplift Indian farmers and agriculturalists (collectively termed “Producers”).

What is a Producer Company?

A legally formed company with the aim to improve the standard of living of farmers and agriculturists can be defined as a ‘Producer Company’. Producer Company is formed under the Companies Act 1956, and as per the act it can be formed by 10 individuals (or more) or 2 institutions or more or by a combination of both (10 individuals and 2 institutions) having one of the following as their business objective:
1.Production
2.Harvesting
3.Procurement
4.Grading
5.Pooling
6.Handling
7.Marketing
8.Export
9.Selling

India is an agricultural-based country where more than 85% of people are dependent upon farm activities. Most of the farmers in India are small or marginal scale farmers holding less than 2 hectares of land. Low production and poor facilities make their life miserable and make them deprived of the latest technologies. Producer Company aims at empowering all the small and marginal scale farmers so that their economies can be unlocked and they could also opt the latest and new technologies to lead better and improved lives.
To form a Producer company, they have to obtain a Producer Company Registration as per the rules and regulations.

Benefits of a Producer Company

A Separate Legal Entity:

Just like a private limited company, a registered farmer producer company is also considered as a separate legal entity that can purchase or sell land at its own name.

More Credibility:

More credibility is offered to the registered companies as compared to the non-registered ones.

Ease In Management:

An applicant can make desired changes in the board of management by filling some simple form with regards to the registrar of Companies (ROC)

Limited Liability:

The liabilities of the members are limited, and their personal assets cannot be used to cover up the debt and losses of the company.

Basic Requirement for Company Registration

Unique and Meaningful Name:

The name should not resemble to any of the existing entities and shall not contain any offensive words detrimental to the interest of the society at large. Also, the name should necessary align with the objects of the company and must contain the word “OPC”.

Minimum Members: A single member is required to register an OPC.

A minimum number of 7 members are needed to run a Public Company, out of which 3 members should be the company’s directors. Relatives and Spouse can be directors or members. Maximum numbers of member can be unlimited and maximum director can be limited in Public Company.

Shareholders’ funds

To start a OPC, a minimum of Rs. 1 lacs is required as equity share capital.

Object:

The object of the Public Company shall be accordingly to business nature and as per the rule and act governed by Law. Any other object in its MOA shall be void.

Documents Required for Company Registration

  • ID Proof:Self-attested copy of Voter id or Passport or Driving Licence
  • Pan Card Self-attested copy of "All members"
  • Any Address Proof: (Self Attested)
  1. Latest Bank Statement (Not older than two months)
  2. Latest Electricity Bill or Water Bill or Gas Bill.
  • Registered Office Address Proof:
  • a) If the premises are ownedby the Director or Shareholder or any of the related entity, then the following documents are must:
    1. Latest Electricity Bill in the name of Director or Shareholder or a related entity;
    2. NOC.
  • b) If the premises are taken on rent:
    1. Rent Agreement;
    2. Latest Electricity Bill in the name of the owner;
    3. NOC.
  • Scanned Passport size photograph of a Member;

Process of Company Registration

Digital Signatures (DSCs):

Since the registration process is online, hence there is the requirement for Digital signatures of all the Directors and Shareholders.We provide seven DSCs in our package of Public Company Registration.

 Name Application

Once the name is finalized, the application shall be made in Form SPICE-Part A. The form is a replacement of earlier Form RUN and provides the option to apply for two names
Prepare all requisite documents MOA, AOA, INC 9, INC 10, DIR 2 to be filed with the ROC. These must mention the main objective of incorporating a company.

 File the company incorporation with SPICE Form.

Obtain an incorporation certificate with the corporate identification number (CIN). It usually takes 7-10 days to form a company..

  Drafting of MOA and AOA:

The MOA is the constitution of the Company and defines various clauses mandatory to bring the company into existence such as Name clause, object clause, registered office clause, liability clause, subscription clause and capital clause.

  Grant of Certificate of Incorporation:

The Ministry, after being satisfied, that the documents and details submitted in the application are correct and gives a true and fair view of the intentions of the applicant, shall grant the Certificate of Incorporation (COI) along with PAN and TAN.

Post Registration Compliances

• Filing of INC 20 A:

Within 180 days of incorporation of the Company, a declaration, attested by the Director of the Company, shall be filed with ROC that each subscriber to the memorandum has consented to the share value taken by them.

• Appointment of Auditor:

Soon after the Public Limited comes to the existence, there shall be appointed before the first Annual General meeting of the Company, the statutory auditor who shall hold office till sixth AGM until and unless ratified or a resignation is served.

Annual Compliance for Nidhi
Company

E-Form Descriptions Due Date
Auditor’s certificate To the effect that the company has complied with all the requisite provisions Annexed to the Audit report yearly
Form AOC-4 Annual financial statements and other related documents Within 30 days of the annual general meeting
Form MGT-7 Annual return to be filed with MCA Within 60 days of the annual general meeting
Income Tax Return Income Tax Return Form 30th September of the following financial year

Other event basis Compliances:

Like change in directors, change in address, increase in capital, etc. shall be done as on date basis.

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