• Mayank Upadhyay

Members And Voting Rights Of Members Of Producer Company (Section 378D)

Updated: Jun 21


INTRODUCTION:


The members of a company are the person who for the time being, constitute the company as a corporate entity.


A member is not necessarily a share holder though these two terms are often used interchangeably.


A company limited by shares the members are also the share holders of the company.


Membership and voting rights of Members of Producer company:

(1) (a) In a case where the membership consists solely of individual Members, the voting rights shall be based on a single vote for every member, irrespective of his shareholding or patronage of the producer company.

(b) In case where the membership consists of Producer Institutions only, the voting rights of such producer institutions shall be determined on the basis of their participation in the business of the producer company in the previous year, as may be specified by articles:

Provided that during the first year of registration of a producer company, the voting rights shall be determined on the basis of the shareholding by such Producer Institutions.

(c) In a case where the membership consists of individuals and producer institutions, the voting rights shall be computed on the basis of single vote for every member,

(2) The articles of any Producer Company may provide for the conditions, subject to which a Member may continue to retain his membership, and the manner in which voting rights shall be exercised by the Members.

(3) Notwithstanding anything contained in sub-section (1) or sub-suction (2), any producer company may, if so authorised by its articles, restrict the voting rights to active Members, in any special or general meeting.

(4) No, person who has any business interest which is in conflict with business of the Producer Company, shall become a Member of that company.

(5) A Member, who acquires any business interest which is in conflict with the business of the producer company, shall cease to be a Member of that company and be removed as a Member in accordance with the articles.


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