Cos 378L — Vesting of undertaking in Producer Company

Companies Act, 2013

Statutory text

(1) All properties and assets, movable and immovable, of, or belonging to, the inter-State co-operative society as on the date of transformation, shall vest in the Producer Company.
(2) All the rights, debts, liabilities, interests, privileges and obligations of the inter-State co-operative society  as  on  the  date  of  transformation  shall  stand  transferred to,  and  be  the  rights,  debts,  liabilities, interests, privileges and obligations of, the Producer Company.
(3) Without prejudice to the provisions contained in sub-section (2), all debts, liabilities and obligations incurred, all contracts entered into and all matters and things engaged to be done by, with or for, the society as  on  the  date  of transformation  for or in connection with their  purposes,  shall  be  deemed  to  have  been incurred, entered into, or engaged to be done by, with or for, the Producer Company.
(4)  All  sums  of  money  due  to  the  inter-State  co-operative  society  immediately before  the  date  of transformation, shall be deemed to be due to the Producer Company.
(5) Every organisation, which was being managed  immediately before the  date of transformation by the inter-State co-operative society shall be managed by the Producer Company for such period, to such extent and in such manner as the circumstances may require.
(6) Every organisation which was getting financial, managerial or technical assistance from the inter-
State  co-operative  society,  immediately  before  the  date  of transformation,  may  continue  to  be  given financial, managerial or technical assistance, as the case may be, by the Producer Company, for such period, to such extent and in such manner as that company may deem fit.
(7) The amount representing the capital of the erstwhile inter-State co-operative society shall form part of the capital of the Producer Company.
(8) Any reference to the inter-State co-operative society in any law other than this Act or in any contract or other instrument, shall be deemed to be reference to the Producer Company.
(9)  If,  on  the  date  of  transformation,  there  is  pending  any  suit,  arbitration,  appeal or  other  legal proceeding of whatever nature by or against the inter-State co-operative society, the same shall not abate, be  discontinued  or  be  in  any  way  prejudicially affected  by  reason  of  the  incorporation  of  the  Producer Company  under  section  378C or  transformation  of  the  inter-State  co-operative  society  as  a  Producer
Company under section 378J, as the case may be, but the suit, arbitration, appeal or other proceeding, may be continued, prosecuted and enforced by or against the Producer Company in the same manner and to the same extent as it would have, or may have been continued, prosecuted and enforced by or against the inter-
State co-operative society as if the provisions contained in this Chapter had not come into force.

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