The Ministry of Corporate Affairs has decided to impose certain conditions for conversion of ordinary Society into Producer Company, Part-IX A of the Companies Act,1956.

In a Circular issued by the Ministry recently it has been stated that on receipt of an application/form seeking conversion of a Cooperative Society (Society not registered as the Multi State Society) into a Producer Company, the Registrar of Companies (ROCs) will seek a written consent from the local Cooperative Department of the concerned State certifying that the Society desirous of being converted into a Producer Company under the Companies Act, 1956. Further, the ROCs must satisfy themselves fully that the applicant society has indeed extended its activities outside the State where it is registered as a Cooperative Society under the local/State Level law governing Cooperative Societies which are not inter-State Cooperative Societies.

In case of any doubt a reference may be made to the Ministry for further guidance before incorporation under Section 581 J(5). This circular is effective from 10th of this month.

It is noteworthy that the question of acceptance of documents by the Registrar of Companies for conversion of a Cooperative Society (not registered as the Multi State Society) under Section 581 J(5) of the Companies Act has accordingly been examined in the Ministry.

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General Circular: 29/2012 Dated: – 10th September, 2012

Sub: – Condition to be imposed for conversion of ordinary Society into Producer Company, Part- IX A of the Companies Act, 1956.

The question of acceptance of documents by the Registrar of Companies for conversion of a Cooperative Society (not registered as the Multi State Society) under Section 581 J(5) of the Companies Act has been examined in the Ministry. I am desirous to say that:-2. Consequent upon the receipt of such an application/form seeking conversion of a Cooperative Society (society not registered as the Multi State Society) into a Producer Company, the ROCs will seek a written consent from the local Cooperative Department of the concerned State certifying that the Society desirous of being converted into Producer Company, under part IX A of the Companies Act, 1956, has no dues payable to the State at the time of such conversion and the Cooperative Department has ‘no objection’ to its being converted into a Producer Company under the Companies Act, 1956, Further, the ROCs must satisfy themselves fully that the applicant society has indeed extended its activities outside the State where it is registered as  a Cooperative Society under the local/State level law governing Cooperative Societies which are not inter-State Cooperative Societies.

3. In case of any doubt a reference may be made to the Ministry for further guidance before Incorporation under Section 581 J(5).

4. This circular shall be effective from the date of issue of circular.

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Category : Company Law (3490)
Type : Circulars (7563) Notifications/Circulars (30688)

0 responses to “Condition to be imposed for conversion of ordinary Society into Producer Company, Part- IX A of Companies Act, 1956”

  1. Dr. B S Rawat ARS (Retd Pricipal Scientist ICAR/ NDRI says:

    How can farmers of a village in Uttarakhand Hills make a Producer Company to do farming on commercial basis .
    Please send me guidelines.

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