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REGISTRATION OF CO-OPERATIVE SOCIETY

KHYATI SHAH (STUDENT) (24 Points)

09 June 2010

Can Any one Guide me Whether a Multi state or a Co-operative Society get registered under Part IX A of Companies Act and if yes State the Procedure.

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2 Replies

Kashyap Joshi (Proprietor ) (260 Points)
Replied 21 June 2010

Sec 48 of Cooperative societies Act,1912 and sec 121 of Multi state cooperative societies act,2002 states that Companies Act, 1956 is not applicable to the above two societies. So i dont think there is any need to register under Companies Act.

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Kashyap Joshi (Proprietor ) (260 Points)
Replied 21 June 2010

There is an option to co-op societies to to get registered under companmies act u/s. 581J as producer companies.

Here is the procedure:-

Every application under sub-section (1) shall be accompanied by-

(a) a copy of the special resolution, of not less than two-third 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 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 581B;

(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.

When an inter-State co-operative society is registered as a Producer Company, the words "Producer Company Limited" shall form part of its name with any word or expression to show its identity preceding it.

On compliance with the requirements of sub-sections (1) to (3), the Registrar shall, within a period of thirty days of the receipt of application, certify under his hand that the inter-State co-operative society applying for registration is registered and thereby incorporated as a Producer Company under this Part.

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 of 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 sub-section (1) and to obtain registration as a Producer Company under this Part.

The inter-State co-operative society shall, upon registration under sub-section (1), stand transformed into a Producer Company, and thereafter shall be governed by the provisions of this Part to the exclusion of the law by which it was earlier governed, save insofar as anything done or omitted to be done before its registration as a Producer Company, and notwithstanding anything contained in any other law for the time being in force, no person shall have any claim against the co-operative institution or the company by reason of such conversion or transformation.

Upon registration as a Producer Company, the Registrar of Companies who registers the company shall forthwith intimate the Registrar with whom the erstwhile inter-State co-operative society was earlier registered for appropriate deletion of the society from its register.

Hope it will be helpful.