Producer Company Registration
Quick Answer
Producer Company Registration India is a legal process under the Companies Act, 2013 that allows a group of producers—farmers, artisans, or workers—to incorporate a company for collective production, marketing, and sale of their produce. This business incorporation structure is designed to empower primary producers by providing them with a formal corporate entity that enjoys limited liability and access to institutional credit.
Producer Company Registration — detailed explanation below
Governing Act — Producer Company Registration India
The registration of a producer company is governed by the Companies Act, 2013, specifically Part IXA (Sections 378A to 378ZT) read with the Companies (Incorporation) Rules, 2014. A producer company is a hybrid between a cooperative society and a private limited company, combining the cooperative ethos with corporate governance. The Act defines a 'producer' as any person engaged in any activity connected with or relatable to primary produce.
Government Department & Website for Producer Company Registration India
The registration is administered by the Ministry of Corporate Affairs (MCA) through the Registrar of Companies (ROC) having jurisdiction over the registered office of the proposed company. The online portal for filing incorporation documents is the MCA21 portal (www.mca.gov.in). All forms, including SPICe+ (INC-32), are filed electronically on this portal.
Producer Company Registration India Application Process
The process for Producer Company Registration India involves the following stages:
- Obtain Digital Signature Certificates (DSC) for at least one proposed director.
- Apply for Director Identification Number (DIN) for all proposed directors.
- Reserve the company name through the RUN (Reserve Unique Name) service on MCA portal.
- File SPICe+ form (INC-32) along with e-MoA (INC-33) and e-AoA (INC-34).
- Pay the prescribed fee and stamp duty.
- Certificate of Incorporation is issued by ROC, along with PAN and TAN.
A producer company must have a minimum of 10 producers (individuals) or 2 producer institutions as members. The company must have at least 5 directors.
Key Forms Required for Producer Company Registration India
The following forms are required for business incorporation of a producer company:
- SPICe+ (INC-32): Integrated incorporation form.
- e-MoA (INC-33): Memorandum of Association specific to producer companies.
- e-AoA (INC-34): Articles of Association specific to producer companies.
- INC-9: Declaration by subscribers and first directors.
- DIR-2: Consent to act as director.
- DIR-8: Intimation of DIN.
All forms are filed electronically on the MCA portal.
Eligibility Criteria for Producer Company Registration India
To be eligible for Producer Company Registration India, the following conditions must be met:
- Members: Minimum 10 individuals (producers) or 2 producer institutions, or a combination of 10 individuals and institutions.
- Directors: Minimum 5 directors, with at least one resident in India.
- Object: The company must be formed for the production, harvesting, procurement, grading, pooling, handling, marketing, selling, or export of primary produce of its members.
- Primary Produce: Includes produce of farmers, artisans, fishermen, weavers, and other rural producers.
No minimum capital requirement is prescribed, but the company must have a registered office in India.
Timeline for Producer Company Registration India
The timeline for Producer Company Registration India depends on the completeness of documents and ROC processing. The process involves name reservation (usually 1-2 working days), filing of incorporation forms, and issuance of certificate. No specific time estimate can be given as court and government processing times vary.
Fees for Producer Company Registration India
The government fees for Producer Company Registration India are prescribed under the Companies (Registration Offices and Fees) Rules, 2014. The fee depends on the authorized capital of the company. Below is the fee structure (excluding stamp duty and professional charges):
| Authorized Capital (₹) | Fee (₹) |
|---|---|
| Up to 1,00,000 | 500 |
| 1,00,001 to 5,00,000 | 2,000 |
| 5,00,001 to 10,00,000 | 4,000 |
| 10,00,001 to 25,00,000 | 5,000 |
| Above 25,00,000 | 5,000 + 0.1% of capital above 25,00,000 |
Additional stamp duty varies by state. Professional fees for drafting documents and filing are separate.
Frequently Asked Questions
What is Producer Company Registration India?
Producer Company Registration India is the process of incorporating a company under Part IXA of the Companies Act, 2013, by a group of producers (farmers, artisans, etc.) to collectively engage in production, marketing, and sale of their primary produce.
Who can apply for Producer Company Registration India?
Any group of at least 10 individual producers or 2 producer institutions can apply. The members must be engaged in activities related to primary produce such as farming, fishing, weaving, or handicrafts.
What documents are required for Producer Company Registration India?
Key documents include PAN card, Aadhaar, address proof of directors, registered office proof (utility bill, rent agreement), and digital signatures. The incorporation forms (SPICe+, e-MoA, e-AoA) are filed online.
How long does Producer Company Registration India take?
The timeline depends on ROC processing and document completeness. No fixed duration can be stated as it varies by case.
What is the minimum capital for Producer Company Registration India?
There is no minimum capital requirement prescribed under the Act. However, the authorized capital determines the registration fee payable to the ROC.
Can a producer company be converted into a private limited company?
Yes, a producer company can be converted into a private limited company by passing a special resolution and complying with Section 378ZT of the Companies Act, 2013.
What are the benefits of Producer Company Registration India?
Benefits include limited liability, perpetual succession, access to bank loans, ability to raise equity from members, and a formal corporate structure for collective bargaining and marketing.
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