Cos 378D — Membership and voting rights of Members of Producer Company

Companies Act, 2013

Statutory text

(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 a  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 a 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-section (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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