company law

Your Comprehensive FAQ Guide to Digital Signature Certificates (DSC)

Introduction

This article offers a detailed FAQ section aimed at enhancing understanding of Digital Signature Certificates (DSCs). It covers key aspects such as the application process, requirements, types of certificates, validity, registration methods, and troubleshooting advice. Designed for both individuals and business owners, this guide highlights the significance of DSCs in the modern digital landscape.

FAQs About Digital Signature Certificates (DSC)

Q.1 What is a Digital Signature Certificate?

Ans.
A Digital Signature Certificate (DSC) is the electronic counterpart of physical certificates, such as driver's licenses or passports. It verifies an individual’s identity for accessing information, services online, or digitally signing documents.

Q.2 What is the procedure to obtain a DSC from a Certifying Authority?

Ans.
To acquire a DSC, applicants must contact Certifying Authorities (CAs) directly, providing original supporting documents; in certain instances, self-attested copies may be acceptable. Furthermore, if available, applicants can use the Aadhaar e-KYC option to authenticate, which bypasses the need for physical documents. A certified bank letter with the applicant’s details is also acceptable.

Q.3 Why is a Digital Signature Certificate necessary?

Ans.
Like traditional documents that require manual signatures, electronic documents such as e-forms necessitate digital signatures for validation.

Q.4 Who issues the Digital Signature Certificate?

Ans.
A licensed Certifying Authority (CA) issues digital signatures. According to Section 24 of the Indian IT Act, 2000, a CA is recognized as an entity authorized to issue DSCs. A comprehensive list of licensed CAs, along with contact information, is available on the MCA portal.

Q.5 What types of Digital Signature Certificates are valid for the MCA21 program?

Ans.
The types of Digital Signature Certificates offered include:

  • Class 2: Verification against a trusted database.
  • Class 3: The highest security level, requiring in-person verification at a Registration Authority (RA).

Q.6 Which type of Digital Signature Certificate is required for e-Filing on the MCA Portal?

Ans.
As of 2021, only Class 3 DSCs are issued for e-Filing, serve dual purposes, and replace the former Class 2 and Class 3 DSCs.

Q.7 Is a Director Identification Number (DIN) mandatory for applying for a DSC?

Ans.
No, a DIN is not necessary for DSC application.

Q.8 How much does it cost to obtain a Digital Signature Certificate?

Ans.
The cost for obtaining a DSC varies by issuer, and it is advisable to contact the specific Certifying Authority for current pricing.

Q.9 What is the typical time frame for Certifying Authorities to issue a DSC?

Ans.
Certifying Authorities generally issue a DSC within one business day.

Q.10 What is the validity period of a Digital Signature Certificate?

Ans.
DSCs are typically valid for one to two years, as issued by Certifying Authorities.

Q.11 What is the legal validity of a Digital Signature?

Ans.
Digital signatures are legally recognized in a Court of Law as per the provisions of the IT Act, 2000.

Q.12 What should I do if my certificate displays "validity unknown"?

Ans.
To resolve this issue:

  1. Download the certificate associated with the approved SRN from the FO portal.
  2. Open the certificate to confirm if the signature is validated.
  3. Right-click the signature and select “Show Signature Properties.”
  4. Click on the “Show Certificate” tab.
  5. Go to the “Trust” tab and click “Add to Trusted Identities.”
  6. Confirm by clicking "OK" in the Acrobat security dialog.
  7. Ensure all checkboxes under the Trust Tab are selected, then click "OK."
  8. Validate the signature again. If it is valid, the "?" will change to a green tick; if not, a service ticket must be raised.

Q.13 How can I troubleshoot errors encountered while using DSC?

Ans.
Refer to the "Troubleshooting Errors While Using DSC" guide for specific resolution methods.

Q.14 How do Bank Officials register their Digital Signature Certificate?

Ans.
Bank officials must register their DSC upon their initial login to the MCA21 portal.

Q.15 What does it indicate if I see "Person affixing DSC as charge holder is not authorized"?

Ans.
This error indicates that the MCA system checks if the charge holder has a DSC associated with the entered PAN. If there is a discrepancy, an error will be displayed.

Q.16 How can I register as a bank official in MCA?

Ans.
The Bank Nodal Administrator has the responsibility of creating and updating bank officials in the MCA system. The administrator can log into www.mca.gov.in and utilize the ‘Enter/Update Bank/Financial Institution details’ service to add new bank officials.

Q.17 How can I update my bank official DSC in MCA?

Ans.
Stakeholders can update their DSC using the ‘Update DSC’ service available on www.mca.gov.in by selecting the relevant option.

Q.18 How can I update my charge holder DSC in MCA?

Ans.
If a charge holder previously registered their DSC using the ‘Associate DSC’ service on www.mca.gov.in, they can update it through the same service.

Q.19 What should I do if the e-form size increases substantially after attaching the DSC?

Ans.
To manage PDF file size increase while attaching a DSC:

  1. Open the PDF file.
  2. Select Edit > Preferences.
  3. Under Signature, click “More” and uncheck “Include signature’s revocation status.”

Q.20 Is prior registration as a Registered or Business user necessary before registering a DSC on the MCA portal?

Ans.
No, prior user registration is not required to register a DSC through the MCA portal’s Register DSC facility.

Q.21 Who is required to register DSC on the MCA portal?

Ans.
Directors, Managers, Secretaries, and practicing professionals (CA, CS, & CWA) should register their DSC if they haven't already done so as business users.

Q.22 What is the purpose of registering my DSC on the portal?

Ans.
Registering a DSC associates it with your DIN/PAN in the MCA system, which is essential for digital signature validation.

Q.23 What does the ‘Role Check’ functionality do?

Ans.
The ‘Role Check’ function validates whether the digital signatures on the eForm belong to the authorized signatories of the company or applicable practicing professionals. This system was implemented on July 1, 2007.

Q.24 What if my DSC is not registered on the MCA portal?

Ans.
If your DSC is not registered, any eForm signed by you as a director, manager, secretary, or professional will be rejected.

Q.25 What should I do if I have a provisional DIN?

Ans.
A director must possess an approved DIN to register a DSC on the MCA portal.

Q.26 How do I resolve errors regarding mismatched personal details?

Ans.
MCA verifies your details against the information provided by your Institute. For mismatches, consult your respective Institute to correct the details and re-attempt registration.

Q.27 Are all directors, managers, and secretaries required to register their DSCs?

Ans.
No, only individuals who will be signing eForms on behalf of the company must register.

Q.28 Do I need to register my DSC multiple times for different companies?

Ans.
No, registration is a one-time process for the MCA portal.

Q.29 What steps should I take if my DSC has expired?

Ans.
You can update your DSC through the Register DSC facility by providing the necessary information.

Q.30 Do practicing professionals need to register their DSC for each company?

Ans.
No, professionals need only register once on the MCA portal.

Q.31 If I am both a director and a practicing professional, must I register multiple times?

Ans.
Yes, you will need to register your DSC for both roles separately.

Q.32 Are DSCs of Charge Holders required to be registered on the MCA portal?

Ans.
No, there is currently no requirement for Charge Holders to register their DSCs on the MCA portal.

Q.33 Who is not required to register their DSC on the MCA portal?

Ans.
The following individuals are exempt from registration:

  • Charge holders or assignees.
  • Receivers or Managers for form CHG-6.
  • Liquidators.
  • Those filing incorporation forms (excluding proposed directors and practicing CA or CS).

Q.34 Is PAN mandatory for DSC registration for non-directors?

Ans.
Yes, PAN is required for Managers, Secretaries, and practicing professionals for DSC registration.

Q.35 Which corporations are subject to the DSC registration requirement?

Ans.
This requirement applies to all types of companies, including public, private, limited by shares or guarantee, and unlimited companies.

Q.36 How can foreign directors register their DSC on the MCA portal?

Ans.
Foreign directors must obtain a DSC from an Indian Certifying Authority, following a registration process similar to that of domestic applicants. Notably, Aadhaar-based e-KYC exemptions for NRIs will be introduced in 2024.

Q.37 Must a company authorize a professional to certify its eForms?

Ans.
No, any practicing professional with a registered DSC can certify a company’s eForm.

Q.38 What should I do if my DSC does not appear during selection?

Ans.
Refer to the detailed guide for enabling the DSC Selection Applet to ensure proper settings for DSC selection.

Q.39 How should I address the error message "Remove the invalid characters(s)”?

Ans.
Ensure your name is entered without any special characters. For example, input "Sh." as "Sh".

Q.40 Does the 'Role Check' verify the user ID used for uploading eForms?

Ans.
No, it only verifies the digital signatures. Any registered or business user ID can upload signed eForms.

Q.41 How can I access details about a company’s signatories?

Ans.
Signatory details can be found under the ‘View Signatory Details’ tab on the MCA portal.

Q.42 Why might my name not be visible in "View Signatory Details"?

Ans.
Possible reasons could include filing or approval issues with Form DIN-3 or Form 32, or subsequent cessation forms submitted post-approval of DIN-3/32.

Q.43 What should I do if I receive an error stating "DETAILS AS PER INSTITUTE RECORD NOT MATCHING WITH PAN DETAILS"?

Ans.
This indicates a personal detail mismatch that needs rectification through your respective Institute.

DSC System Requirements

Q.1 What are the system requirements for utilizing a Digital Signature Certificate?

Ans.

  1. Desktop Browser: Internet Explorer 10+, Chrome 49+, or Firefox 45+.
  2. Valid Class 2 or Class 3 DSC from a recognized provider.

Q.2 What are the prerequisites for installing the Web Socket Installer?

Ans.

  1. Operating System: Windows 32/64-bit.
  2. Java 1.6 JRE 1.6.0_38+, Java 1.7, or Java 1.8 installed.
  3. Administrator rights to install the emSigner component.
  4. One of the following ports must be available: 8080, 2015.

Q.3 How do I download and install the Web Socket Installer?

Ans.

  1. Download from the DSC Registration page on the MCA Portal.
  2. Run the emSigner.msi file.
  3. Follow the installation prompts, selecting default or specific folders.
  4. After installation, run the emSigner as Administrator.

Q.4 What should I do if I see the message "please restart the emsigner"?

Ans.
Restart the emsigner as an administrator and add the relevant path to the Java Control panel’s Exception List.

Q.5 How can I troubleshoot errors related to DSC usage?

Ans.
Consult the "Troubleshooting Errors While Using DSC" guide for detailed resolution steps.

DPDP Act 2023 Implications

The Digital Personal Data Protection Act, 2023 introduces stringent data privacy protocols, which govern the handling of personal data during the issuance of DSCs.

Conclusion

Digital Signature Certificates (DSCs) are vital for assuring the authenticity and integrity of electronic documents in today’s digital realm. This FAQ addresses common inquiries and offers guidance on procuring and using DSCs, making it a useful reference for both individuals and enterprises. A solid understanding of DSC processes, requirements, and troubleshooting measures empowers users to make informed decisions and fully benefit from digital signatures.