Lajawab Cooperative Society is involved in processing and marketing activities of agricultural produce of its members working in the States of Orissa, Bihar and Jharkhand and is registered under Multi-State Co-operative

CS Executive · Company Law · PYQS · December 2021
Lajawab Cooperative Society is involved in processing and marketing activities of agricultural produce of its members working in the States of Orissa, Bihar and Jharkhand and is registered under Multi-State Co-operative Societies Act, 2002. Members of Lajawab Cooperative are desirous of forming themselves as a company. Is it possible ? How?

Answer & Explanation:

Lajawab Cooperative Society is involved in processing and marketing activities of agricultural produce of its members working in the states of Orissa, Bihar and Jharkhand is a Multi-State Cooperative Society as under Section 3(p) of Multi-State Co-operative Societies Act, 2002. As per Section 378J of the Companies Act, 2013 provides that, notwithstanding anything contained in sub-section (1) of section 378C, any inter-State co-operative society with objects not confined to one State may make an application to the Registrar for registration as Producer Company under Chapter XXIA of the Companies Act, 2013. Every application under sub-section (1) shall be accompanied by- (a) a copy of the special resolution, of not less than two-thirds of total members of inter-State co-operative society, for its incorporation as a Producer Company under this Act; (b) a statement showing- (i) names and addresses or the occupation of the Directors and the Chief Executive, if any, by whatever name called, of such co-operative; and (ii) list of members of such inter-State co-operative society; (c) a statement indicating that the inter-State co-operative society is engaged in any one or more of the objects specified in section 378B; (d) a declaration by two or more Directors of the inter-State co-operative society certifying that particulars given in clauses (a) to (c) are correct. A co-operative society formed by producers, by federation or union of co-operative societies of producers or co-operatives of producers, registered under any law for the time being in force which has extended its objects outside the State, either directly or through a union or federation of co-operatives of which it is a constituent, as the case may be, and any federation or unions of such co-operatives, which has so extended any of its objects or activities outside the State, shall be eligible to make an application under section 378J(1) and to obtain registration as a Producer Company under this Chapter. Hence, members of Lajawab Cooperative can form themselves as a producer company fulfilling the requirements under Section 378J of the Companies Act, 2013.

Topics: Producer Companies

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