21/08/2019
Unique Documents Identification Number (Udin) Guidelines 2019
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 on voluntary basis from 5th July, 2019 making it Mandatory w.e.f 1st October, 2019
Only a Company Secretary in practice before certification of the documents without any fee can generate UDIN.
Key highlights of Unique Document Identification Number (UDIN) Guidelines, 2019:
1. Udin has to be generated on the date of certification preventing back and post dating of certification.
2. Udin once generated can be surrendered within 7 from days from generation not thereafter.
3. 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 authorised to issue.
4. There is no restrictions & limits on generation of Udin.
5. Udin has to be generated only once for original certificate, same UDIN can be issued for issue is duplicate certificates.
6. In case of Partnership Firm/LLP only the signing partner can generate Udin.
7. At the time of generation of Udin, Name of the Company, CIN required.
8. Matters for which Udin shall be generated:
· 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:
· In others cases Udin can be generated Voluntarily.
9. Udin is totally secure as it can viewed only by the members or the regulators & shall remain confidential and not be construed as information under the Right to Information Act, 2005.
10. No documents need to be uploaded to generate Udin.
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.