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.
- It is applicable to Company Secretaries in Practice.
- Voluntary applicable w.e.f. 05th July 2019
- Mandatory Applicable from 1st October 2019.
- To verify the authenticity of various documents certified by Company Secretaries in Practice.
- Ease of maintaining the Register of Attestation / Certification services rendered by practicing members;
- Prevent counterfeiting of various attestations/certifications
- Regulatory bodies and other stakeholders may verify the authenticity of documents certified by PCS by visiting the designated website.
Only Members with a valid Certificate of Practice can register. PCS is mandatory required to generate UDIN for following below mentioned Reports and Certifications:
- Annual Return -MGT 7 (w.e.f. 13th July 2020)
- 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;
- Internal Audit of DP and Stock Brokers;
- Third-Party Certification of Labour Law;
- Diligence Report for Banks:
Provided further that the practicing company secretary may generate the UDIN for any other form and document(s) which is not listed above and not mandatory as per these guidelines on a voluntary basis.
- Whether it is mandatory for PCS to generate UDIN for certifications of e-form.
As per the list of mandatory reports and certificates provided by ICSI for which it is mandatory for PCS to obtain UDIN doesn’t cover e-forms except for MGT-7.
Therefore, one can opine that UDIN is not mandatory for e-forms certification. However, a PCS voluntary can generate UDIN for e-form certification.
2. 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 the ICSI system.
3. Whether there are any fees for the generation of UDIN?
There is no fee for registration/generation of UDIN.
4. Whether UDIN once generated but not utilized can be canceled?
UDIN once generated but not utilized may be surrendered/canceled 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.
5. Whether there is any restriction or limits in generation of UDIN?
There is no restrictions & limits on generation of Udin.
6. 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.
7. 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.
8. What is the information required for generation of UDIN?
At the time of generation of UDIN following information required:
- Name of the Company
- CIN required
9. Whether any document is required to upload on ICSI website to get generate UDIN?
No documents need to be uploaded to generate UDIN.
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.
- The login id would be verified through a computer application.
- The UDIN shall be a system generated random alphanumeric number.
- No document shall be required to be uploaded
- UDIN shall be generated at the time of signing the Certificate/ Report
- UDIN mandatorily be mentioned in the Certificate, Report and documents along with the Certificate of Practice number.
- 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 email@example.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 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