Producer Company Registration

Producer Company Registration in Gujarat

Meaning of a Producer Company

A Producer Company is a legally organized entity primarily composed of farmers and agriculturalists, introduced by the government to improve the standard of living, income, and profitability of Indian farmers. It is incorporated as a private company under the provisions of the Companies Act, 1956. The main objectives of a Producer Company include production, harvesting, procurement, marketing, and other allied activities.

Farmers or agriculturalists in Gujarat can establish a Producer Company if they have at least 10 producers and 5 directors with a minimum capital of Rs. 5,00,000/-. The regulations governing Producer Companies are outlined in Section 581B of the Companies Act, 1956.

Provisions for Producer Company Registration

Although the Companies Act, 2013 does not have a specific provision for Producer Companies, Chapter IXA of the Companies Act, 1956 remains applicable.

Section 465 of the Companies Act, 2013

This section states that the Companies Act, 1956, continues to apply to Producer Companies until a specific law is enacted for them.

Activities Allowed for Producer Companies

Under the Companies Act, 2013, a Producer Company is permitted to engage in the following activities:

• Production, processing, harvesting, procurement, pooling, grading, handling, selling, marketing, and export of members’ primary produce.

• Import of goods or services for the benefit of members.

• Providing training, education, technical consultancy, research, and development to promote members’ interests.

• Power generation, water resource conservation, land restoration, and communication related to primary produce.

• Offering mutual assistance, welfare measures, financial services, and insurance for producers and their primary produce.

Requirements for Producer Company Incorporation in Gujarat

1. Documents Required:

• PAN Card: Self-attested PAN Card of Members and Directors.

• Photographs: Two passport-size color photographs of Members and Directors.

• Identity Proof: Self-attested copy of Aadhaar Card, Voter ID, Passport, or Driving License.

• Address Proof: Self-attested bank statement, electricity bill, telephone bill, or mobile bill (not older than two months).

• Business Address Proof (Owned/Rented/Leased): NOC from property owner, property papers, or utility bill (not older than two months).

• Land Documents: Khasra or Katuni of subscribers and Jamabandi.

• Producer Certificate: Certified by Tehsildar, Agriculture Officer, Patwari, SDM, or District Administrator.

2. Required Information:

• Authorized and paid-up share capital (minimum Rs. 5,00,000/-).

• Details of at least 10 members and 5 directors.

• Birthplace and residential address duration of members and directors.

• Occupation and educational qualifications of members and directors.

• Proposed business objectives.

• Email IDs and contact numbers of members and directors.

Process of Producer Company Registration in Gujarat

The Ministry of Corporate Affairs (MCA) has amended the Companies (Incorporation) Rules, 2014, replacing Form INC-32 (SPICe) with web-based SPICe+.

Step 1: Name Reservation

• File an application for name reservation through the SPICe+ web service at www.mca.gov.in.

• Check name availability and ensure no trademark conflict.

• Name reservation is done in Part A of SPICe+.

Step 2: Complete Part B of SPICe+

• Enter company details in Part B of SPICe+ for incorporation.

• Save and modify details as needed.

Step 3: Convert SPICe+ Form into PDF

• Convert the filled SPICe+ form into PDF format to affix the Digital Signature Certificate (DSC).

Step 4: Upload on MCA Portal

• Upload the signed form on the MCA portal following the prescribed process.

Step 5: Declaration of Subscribers and Directors

• The declaration (Form INC-9) will be auto-generated and submitted electronically unless:

  • The number of subscribers and/or directors exceeds 20.

  • Any subscriber/director does not have a DIN or PAN.

Recent Amendments Affecting Producer Companies

1. No Need for SRN Mention: Name reservation in SPICe+ (Part A) auto-fills in Part B.

2. Mandatory ESIC & EPFO Registration: New companies must register for Employees’ State Insurance (ESIC) and Employees’ Provident Fund (EPFO).

3. Mandatory Professional Tax Registration in Maharashtra: Companies incorporated in Maharashtra must register for Professional Tax.

4. Mandatory Bank Account Opening: Companies must apply for a bank account via AGILE-PRO web form.

5. Mandatory e-MoA (INC-33) & e-AoA (INC-34): Required if subscribers are Indian nationals or foreign nationals with a DIN, DSC, and a valid business visa.

6. Signed Physical Copies of MoA & AoA: Required if first subscribers are foreign nationals without a business visa.

7. Threshold-Based Filing for EPFO/ESI Returns: Statutory returns are required only when threshold limits are exceeded.

Why Choose L & C TechFin Advisory Pvt Ltd?

L & C TechFin Advisory Pvt Ltd provides end-to-end solutions for Producer Company registration in Gujarat. Our services include:

• Expert Consultation: Guidance on structure, compliance, and documentation.

• End-to-End Registration Support: Filing, DSC application, and MCA submissions.

• Post-Incorporation Assistance: Support with EPFO, ESIC, and tax registrations.

• Customized Business Solutions: Advisory services for growth and financial planning.

For seamless registration of your Producer Company in Gujarat, contact L & C TechFin Advisory Pvt Ltd today!