UDIN- icsi - Unique Document Identification Number - Series 488
UDIN- icsi
Unique Document Identification Number
[1]In exercise of the powers conferred by clause (1)
of Part II of the Second Schedule to the Company Secretaries Act, 1980 as
amended by the Company Secretaries (Amendment) Act, 2006. The council member in
its 261st meeting held on 27th June, 2019 issued Unique Document
Identification Number (UDIN) Guidelines, 2019 that every Company Secretary in
Practice shall be required to generate UDIN for certain professional services.
Applicability:
I.
It is applicable on Company Secretaries in
Practice.
II.
Voluntary applicable w.e.f. 05th July,
2019
III.
Mandatory
Applicable from 1st October, 2019.
OBJECTS
I. To verify the authenticity of various documents
certified by Company Secretaries in Practice.
II. Ease of maintaining the Register of Attestation
/ Certification services rendered by practicing members;
III. Prevent counterfeiting of various attestations
/ certifications
IV. Regulatory bodies and other stakeholders may
verify the authenticity of documents certified by PCS by visiting the
designated website.
Applicability
Only Members with a valid Certificate of Practice can
register. PCS is mandatory required to generate UDIN for following below
mentioned Reports and Certifications:
Reports:
·
Annual Return - MGT 8;
·
Share Transfer Certification - Reg 40(9) of
SEBI (LODR), 2015;
·
Director
Disqualification Certificate;
·
Reconciliation
of Share Capital Audit;
·
Foreign
Investment (As per notification under FEMA);
·
Secretarial Audit - Sec 204 of Companies Act,
2013;
· Secretarial Audit of Material Unlisted Companies
Reg. 24A of SEBI (LODR)
Regulations, 2015;
· Annual
Secretarial Compliance Report – Reg. 24A of SEBI (LODR) Regulations, 2015;
Certificates:
·
Internal Audit of DP and Stock Brokers;
·
Third
Party Certification of Labour Law;
·
Diligence
Report for Banks:
Others:
Provided further that the practicing company secretary may
generate the UDIN for any other eForm and document(s) which is not listed above
and not mandatory as per these guidelines on voluntary basis.
A. Whether it is
mandatory for PCS to generate UDIN for certifications of e-form.
As per list of mandatory reports and certificates provided
by ICSI for which it is mandatory for PCS to obtain UDIN doesn’t cover
e-forms.
Therefore, one can opine that UDIN
is not mandatory for e-forms certification. However, a PCS voluntary can
generate UDIN for e-form certification.
B. How UDIN shall help in
stopping of back dated reports and certificates?
UDIN has
to be generated on the DATE of certification preventing back and post dating of
certification.
At the time of general of UDIN date shall be automatically
filled by ICSI system.
C. Whether there are any
fees for generation of UDIN?
There is No fee for registration/generation of UDIN.
D. Whether UDIN once
generated but not utilized can be cancel?
UDIN once generated but not utilized may be surrendered/
cancelled by the PCS within 7 days of such generation.
UDIN becomes important to surrender in case of no use
otherwise the same will be taken in record and counted in the limit fixed for
various certification a Practicing Company Secretary is authorized to issue.
E. Whether there is any restriction
or limits in generation of UDIN?
There is no restrictions & limits on generation of Udin.
F. Whether New UDIN required
generating for duplicate Certificate?
UDIN has to be generated only once for original
certificate, same UDIN can be issued for issue is duplicate certificates.
G. In case of Partnership
Firm or LLP in whose name UDIN shall be generate?
In case of Partnership Firm/LLP only the signing partner
can generate UDIN.
H. What is the
information required for generation of UDIN?
At the time of generation of UDIN following information
required:
ü Name
of the Company
ü CIN
required
I. Whether any document
is required to upload on ICSI website to get generate UDIN?
No documents need to be uploaded to generate UDIN.
UDIN Generation:
The practicing company
secretary shall go to the designated website (ICSI.EDU), and create a login id
and password by entering the Membership Number, CoP No., Phone No., Email id,
AADHAR and Income Tax PAN.
(i)
The login id would be verified through a
computer application.
(ii)
The UDIN shall be a system generated random
alphanumeric number.
(iii)
No document shall be required to be uploaded
Key Points:
ü UDIN
shall be generated at the time of signing the Certificate/ Report
ü UDIN mandatorily
be mentioned in the Certificate, Report and documents along with the Certificate
of Practice number.
ü UDIN
shall be shared on registered Email id of the Members or through any other
electronic mode.
In case of violation Member is
liable for action as professionals misconduct under Company Secretaries Act,
1980 r/w first and second schedule to the CS Act, 1980.
(Author
– CS Divesh Goyal, GOYAL DIVESH & ASSOCIATES Company Secretary in Practice
from Delhi and can be contacted at csdiveshgoyal@gmail.com).
Disclaimer:
The
entire contents of this document have been prepared on the basis of relevant
provisions and as per the information existing at the time of the preparation.
Although care has been taken to ensure the accuracy, completeness and
reliability of the information provided, I assume no responsibility therefore.
Users of this information are expected to refer to the relevant existing
provisions of applicable Laws. The user of the information agrees that the
information is not a professional advice and is subject to change without
notice. I assume no responsibility for the consequences of use of such
information. IN NO EVENT SHALL I SHALL BE LIABLE FOR ANY DIRECT, INDIRECT,
SPECIAL OR INCIDENTAL DAMAGE RESULTING FROM, ARISING OUT OF OR IN CONNECTION
WITH THE USE OF THE INFORMATION
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