Q. Why concept of UDIN is launched by an Institution?
In an attempt to pursue heightened sense of self-governance and strengthen the practising side of the profession of Company Secretaries, The Institute of Company Secretaries of India has rolled out a unique initiative in the form of Unique Document Identification Number or UDIN. Aimed at strengthening the framework of good governance UDIN shall serve the following purposes simultaneously:
- provide ease of maintaining Register of Attestation/ Certification services
- prevent counterfeiting of various attestations/ certifications
- ensure compliance w.r.t ceilings on the number of certifications / attestations
- enable stakeholders & regulators to verify genuinity of documents signed or certified by Company Secretaries in Practice,.
It is required mandatorily for following items: List of services rendered by PCS, which require UDIN.
1. Certification of Annual Return in Form MGT-8 under Section 92(2) of the Companies Act, 2013 and Rule 11(2) of the Companies (Management and Administration) Rules, 2014.
2. Issuance of Secretarial Audit Report in terms of Section 204 of the Companies Act, 2013.
3. Issuance of Secretarial Audit Report to material unlisted subsidiaries of listed entities (whose equity shares are listed) under Regulation 24A of SEBI (LODR) Regulations, 2015.
4. Issuance of Annual Secretarial Compliance Report to Listed entities (whose equity shares are listed) under SEBI Circular No. CIR/CFD/CMD1/27/2019 dated 8th February, 2019.
5. Certification under SEBI (Listing Obligations & Disclosure Requirements) Regulations, 2015 that none of the directors on the board of the company have been debarred or disqualified from being appointed or continuing as directors of companies by the Board/Ministry of Corporate Affairs or any such statutory authority under Schedule V, Part C, Clause(10) (i).
6. Certification under Regulation 40(9) of SEBI (LODR) Regulations, 2015 certifying that all certificates have been issued within thirty days of the date of lodgement for transfer, sub-division, consolidation, renewal, exchange or endorsement of calls/allotment monies.
7. Conduct of Internal Audit of Operations of the Depository Participants registered with NSDL and CDSL under the Bye Laws issued by NSDL and CDSL.
8. Certification under Regulation 76 of SEBI (Depositories and Participants) Regulations, 2018 for Reconciliation of Share Capital Audit.
9. Acting as Compliance Auditor under third party certification/ Audit Scheme (Amendment), 2018 in the State of Haryana.
10. Diligence reporting for Banks in case of multiple banking/consortium lending arrangements in terms of the circular issued by RBI.
11. Conduct of Internal Audit of the stockbrokers / sub brokers under SEBI Circular no. MIRSD/ DPSIII/ Cir-26/ 08 dated 22nd August 2008 and MRD/DMS/Cir-29/2008 dated 21st October 2008.
12. Issuance of Certificate in case of the Indian company accepting the investment from a foreign investor, thereby confirming compliance of Companies Act, 2013 and other matters (As per Para 9 (1) (B) (i) of Schedule 1 to Notification No. FEMA 20/2000-RB dated 3rd May 2000)
Quoting UDIN on the certifications, attestations, w.r.t the professional services as mentioned under sub-clauses (i) to (xii) of Clause 3 supra shall be mandatory w.e.f. 1st October, 2019.
Provided however that, quoting UDIN on the certifications, attestations w.r.t the professional services as mentioned under sub clauses (i) to (xii) of Clause 3 supra shall be recommendatory with immediate effect.
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.
The ICSI UDIN will be mandatory for every document except an e-form, signed or certified by a CS with effect from 1st October, 2019.
Please click on below link to register on UDIN Portal.
https://udin.icsi.edu/Home/MembershipRegistation
Credentials will sent on the Email ID as registered with ICSI
To change/update the email and mobile number, please Click Here
The practicing company secretary shall go to the designated website, 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.
Note:
- This UDIN System has been developed by ICSI to facilitate its members for verification and certification of the documents and for securing documents and authenticity thereof by Regulators.
- However, ICSI assumes no responsibility of verification and certification of document(s) carried out by the Members and the concerned member(s) shall alone be responsible therefore.
DISCLAIMER: THE ARTICLE IS BASED ON THE RELEVANT PROVISIONS AND AS PER THE INFORMATION EXISTING AT THE TIME OF THE PREPARATION. IN NO EVENT I SHALL BE LIABLE FOR ANY DIRECT AND INDIRECT RESULT FROM THIS ARTICLE. THIS IS ONLY A KNOWLEDGE SHARING INITIATIVE.
THE AUTHOR – CS DEEPAK SETH (ASSOCIATE PARTNER HELPINGHANDS PROFESSIONALS LLP) AND CAN BE REACHED AT CONTACTHHPRO@GMAIL.COM OR 9910248911.
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