UDIN for Company Secretary in Practice

Unique Document Identification Number (UDIN) is mandatory for all Certificates issued by Company Secretary in Practice w.e.f. 01^st October 2019

Background: The Institute of Company Secretaries of India (ICSI) In the event of 20^th National Conference of Practicing Company Secretaries held on 5^th July, 2019 at Bangalore has introduced the concept of UDIN i.e. Unique Document Identification Number to secure certificates/ documents attested/certified by practicing Company Secretaries (PCS). (as approved in 261st (Special) Council Meeting held on 27 June, 2019 at New Delhi)

UDIN shall be generated at the time of signing the Certificate/ Report and mandatorily be mentioned in the Certificate, Report and documents along with the Certificate of Practice number.

WHAT IS UDIN.

Unique Document Identification Number (UDIN) is system generated random alphanumeric number, which defines the authenticity of documents issued by Company Secretary in Practice.

 Applicability of UDIN:

UDIN is mandatory for documents/certificates to be issued after 01^st October 2019 and however PCS may generate on voluntary basis in present also.

Reason behind UDIN.

• The institute has come up with the concept of UDIN to enable the stakeholders to verify the authenticity of various documents certified by Company Secretaries in Practice.
• To trace forged documents.
• To enable the stakeholders to verify the authenticity of various documents certified by Company Secretaries in Practice;
• To prevent counterfeiting of various attestations / certifications;
• To provide ease of maintaining the Register of Attestation / Certification services rendered by practicing members;
• To ensure compliance of the Guidelines issued by the Institute w.r.t ceilings on the number of the various certification / attestation services the practitioners may render that;
• To auto-prefill details of Certification / Attestation services rendered by practicing members in of the form for renewal of Certificate of Practice.

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 22^nd August 2008 and MRD/DMS/Cir-29/2008 dated 21^st 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 3^rd 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.  

How to generate of UDIN.

1. Registration of Member

For generation of UDIN visit the http://udin.icsi.edu/ and click on “Member Registration” and create login id and password by entering Membership Number, Certificate of Practice Number.

The login id and password will be sent to members on his registered email id and mobile no.

The login id would be verified through a computer application.

There is No need to upload any document.

1. Process to generate UDIN

• Login with valid credential
• Fill details like: Name of Company/Firm/ Individual, CIN No.
• Select document type
• Fill date of signing and click on “Generate UDIN”

Generally asked question.  

• Who can generate UDIN

Only the member of the institute who has Certificate of Practicing can generate UDIN and only the member certifying the document my generate UDIN.

• Is there any fees for such UDIN?

There is no fees for such UDIN

• Revocation/Cancellation not use UDIN.

Once UDIN is generated but not utilized may be surrendered/cancelled by the members within 7 days from the date of such generation.

• Who can verify the authenticity of document?

Regulatory bodies and other stakeholders may verify the authenticity of documents certified by PCS by visiting the designated website

Consequences of violation

Any non-compliance with these Guidelines shall render the members liable for action under the Company Secretaries Act, 1980 read with First Schedule and Second Schedule to the Company Secretaries Act, 1980.