Producer Companies are governed under Chapter XXI-A (Sections 378A-378ZU) inserted into the Companies Act 2013 by the Companies (Amendment) Act 2020. A producer company is:
Aa body corporate registered as such having OBJECTS specified in Section 378B (production, harvesting, procurement, grading, pooling, handling, marketing, selling, export of primary produce of the Members, or import of goods or services for their benefit) — only PRIMARY PRODUCERS can be its members
Bany company having more than 50 employees engaged in production-related activities of any kind (cf. Companies Act 2013, Chapter XXI-A (Sections 378A-378ZU); inserted by Companies (Amendment) Act 2020) (cf. Companies Act 2013, Chapter XXI-A (Sections 378A-378ZU); inserted by Companies (Amendment) Act 2020)
Conly Government-owned company engaged in manufacturing finished goods (cf. Companies Act 2013, Chapter XXI-A (Sections 378A-378ZU); inserted by Companies (Amendment) Act 2020) (cf. Companies Act 2013, Chapter XXI-A (Sections 378A-378ZU); inserted by Companies (Amendment) Act 2020)
Dany company having paid-up capital below Rs 1 crore in any financial year (cf. Companies Act 2013, Chapter XXI-A (Sections 378A-378ZU); inserted by Companies (Amendment) Act 2020) (cf. Companies Act 2013, Chapter XXI-A (Sections 378A-378ZU); inserted by Companies (Amendment) Act 2020)
Answer & Solution
Correct answer: A. a body corporate registered as such having OBJECTS specified in Section 378B (production, harvesting, procurement, grading, pooling, handling, marketing, selling, export of primary produce of the Members, or import of goods or services for their benefit) — only PRIMARY PRODUCERS can be its members
1. Chapter XXI-A Companies Act 2013 (Sections 378A-378ZU), inserted by the Companies (Amendment) Act, 2020 with effect from 11-Feb-2021, governs PRODUCER COMPANIES (a regime first introduced via the Companies Act 1956 amendment of 2002).
2. Section 378B defines OBJECTS: production, harvesting, procurement, grading, pooling, handling, marketing, selling, export of primary produce of the Members, or import of goods or services for their benefit; processing including preserving, drying, distilling, brewing, vinting, canning and packaging; manufacture, sale or supply of machinery, equipment or consumables to its Members; education on the mutual assistance principles; technical/consultancy services; etc.
3. Members must be PRIMARY PRODUCERS (engaged in primary production — agriculture, animal husbandry, horticulture, floriculture, etc.).
4. Distinct features: minimum 10 PRODUCER members, or 2 PRODUCER INSTITUTIONS; minimum 5 directors; profits applied for purposes of the company / patronage bonus.
5. Hence option B is correct.
_Source: Companies Act 2013 (Act 18 of 2013), Govt. of India MCA — Companies Act 2013, Chapter XXI-A (Sections 378A-378ZU); inserted by Companies (Amendment) Act 2020_
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