Annual Compliances of a Producer Company
Agriculture is the backbone of the Indian economy. The sector employs more than 50% of India’s total workforce and contributes almost 17–18% of the country’s GDP. The company allows farmer cooperatives to function as a corporate entities under the Ministry of Corporations Act.
Basic Compliances of a Producer Company
| S. No. | Section & Rules | Particular of Compliance | ||
| 1. | Receipt of MBP-1 | 184(1) | FormMBP- 1 | Every Director of the Company in the First Meeting of the Board of Directors in each Financial Year shall disclose his interest in other entities. Every Director is required to submit with the Company a fresh MBP-1, whenever there is a change in his interest from the earlier given MBP-1. |
| 2. | Receipt of DIR- 8 | 164(2)143(3)(g) | Form DIR – 8 | Every Director of the Company in each Financial Year will file with the Company disclosure of non-disqualification. |
| 3. | E- Forms Filing RequirementsAnnual Form | 581ZA | E-form:MGT-7 | Annual Return: Every Company will file its Annual Return within 60 days of holding of Annual General Meeting. Annual Return will be for the period 1st April to 31st March. |
| 4. | ||||
| 5. | 581ZA | E-form: AOC-4 | Financial Statement: Company is required to file its Balance Sheet along with the Statement of Profit and Loss Account, Cash flow statement, Directors’ Report, and Auditors’ Report in this form within 30 days of holding of Annual General Meeting. | |
| Attachment: Balance Sheet, Statement of Profit& Loss Account, Cash Flow Statement, Directors’ The report, Auditors’ Report, and Notice of AGM. | ||||
| 6. | Annual Form | Section 73Rule 16 | E-formDPT-3 | Return of Deposit: Company is required to file this form every year on or before 30th June in respect of return of Deposit and Particulars not considered as Deposit as on 31st March. |
| 7. | Event-Based Form | Section 90 | BEN-2 | Disclosure of Significant Beneficial Owner: Company shall file BEN-2 within 30 days of receipt of BEN-1 from Shareholder. Note: On a regular basis company has to check whether there is any SBO in the company due to a change in its shareholding or due to a change in the shareholding of body corporate members. |
| 8. | Annual Form | Rule 12A | DIR-3 KYC | KYC of Directors: All the Directors of the company shall file this form on or before 30th September every year for all the directors of the Company. |
| 9. | Half Yearly Return | Section 405 | MSME-1 | Delay in Payment to MSME Vendor: Company has to file this return half-yearly in respect of pending payments to MSME vendors as at end of the half-year.· April to Sep – 30th October· October to March – 30th April |
| 10. | Directors’ Report | 581ZA | Directors’Report shall be prepared by mentioning all the information required for Company under Section 134 read with relevant rules and relevant provisions of other Act. | |
| 11. | Circulation of Financial Statement &other relevant Dox | 581ZA | The company will send to the members of the Company approved Financial Statement, Directors’ Report, and Auditors’ Report at least 14 clear days before the Annual General Meeting. | |
| 12. | Notice of AGM | 581ZA | The Producer Company shall in each year hold an Annual General Meeting and not more than 15 months shall elapse between the date of one Annual General Meeting to the next. A general meeting of the Producer Company shall be called by giving not less than fourteen days prior notice in writing | |
| 13. | Sending of Notice of AGM | 581ZA | The notice calling the annual general meeting shall be accompanied by the following documents, namely: –(a) the agenda of the annual general meeting ; (b) the minutes of the previous annual general meeting or the extraordinary general meeting ;(c) the names of candidates for election, if any, to the office of director including a statement of qualifications in respect of each candidate;(d) the audited balance-sheet and profit and loss accounts of the Producer Company and its subsidiary, if any, etc | |
| 14. | Board Meetings | 581V | The board shall meet at least once every three months and at least four such meetings shall be convened every year. Quorum:- 1/3rd of the total strength of Directors subject to a minimum – 3 | |
| 15. | Appointment of Auditor | 581 | E-formADT-1 | The auditor will be appointed for 5 (Five) years and form ADT-1 will be filed for a 5-year appointment within 15 days of the Annual General Meeting. |
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