Cos 378ZL — Investment in other companies, formation of subsidiaries etc

Companies Act, 2013

Statutory text

(1) The general reserves of any Producer Company shall be invested to secure the highest returns available from approved securities, fixed deposits, units, bonds issued by the Government or co-operative or scheduled bank or in such other mode as may be prescribed.
(2) Any Producer Company may, for promotion of its objectives acquire the shares of another Producer Company.
(3) Any Producer Company may subscribe to the share capital of, or enter into any agreement or other arrangement, whether by way of formation of its subsidiary company, joint venture or in any other manner with any  body  corporate,  for  the  purpose of  promoting  the  objects  of the  Producer  Company  by  special resolution in this behalf.
(4)  Any  Producer  Company,  either by  itself or together  with  its  subsidiaries,  may invest,  by  way  of subscription,  purchase  or  otherwise,  shares  in  any  other  company, other  than  a  Producer  Company, specified  under  sub-section  (2),  or  subscription  of capital  under  sub-section  (3),  for  an  amount  not exceeding thirty per cent. of the aggregate of its paid-up capital and free reserves:
Provided that a Producer Company may, by special resolution passed in its general meeting and with prior approval of the Central Government, invest in excess of the limits specified in this section.
(5) All investments by a Producer Company may be made if such investments are consistent with the objects of the Producer Company.
(6)  The  Board  of  a  Producer  Company  may,  with  the  previous  approval  of Members  by  a  special resolution, dispose of any of its investments referred to in sub-sections (3) and (4).
(7)  Every  Producer  Company  shall  maintain  a  register  containing  particulars  of all  the  investments, showing the names of the companies in which shares have been acquired, number and value of shares; the date of acquisition; and the manner and price at which any of the shares have been subsequently disposed of.
(8)  The  register  referred  to  in  sub-section  (7)  shall  be  kept  at  the  registered office  of  the  Producer Company and the same shall be open to inspection by any Member who may take extracts therefrom.

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