company law
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.
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.
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.
Ans.
Like traditional documents that require manual signatures, electronic documents such as e-forms necessitate digital signatures for validation.
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.
Ans.
The types of Digital Signature Certificates offered include:
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.
Ans.
No, a DIN is not necessary for DSC application.
Ans.
The cost for obtaining a DSC varies by issuer, and it is advisable to contact the specific Certifying Authority for current pricing.
Ans.
Certifying Authorities generally issue a DSC within one business day.
Ans.
DSCs are typically valid for one to two years, as issued by Certifying Authorities.
Ans.
Digital signatures are legally recognized in a Court of Law as per the provisions of the IT Act, 2000.
Ans.
To resolve this issue:
Ans.
Refer to the "Troubleshooting Errors While Using DSC" guide for specific resolution methods.
Ans.
Bank officials must register their DSC upon their initial login to the MCA21 portal.
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.
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.
Ans.
Stakeholders can update their DSC using the ‘Update DSC’ service available on www.mca.gov.in by selecting the relevant option.
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.
Ans.
To manage PDF file size increase while attaching a DSC:
Ans.
No, prior user registration is not required to register a DSC through the MCA portal’s Register DSC facility.
Ans.
Directors, Managers, Secretaries, and practicing professionals (CA, CS, & CWA) should register their DSC if they haven't already done so as business users.
Ans.
Registering a DSC associates it with your DIN/PAN in the MCA system, which is essential for digital signature validation.
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.
Ans.
If your DSC is not registered, any eForm signed by you as a director, manager, secretary, or professional will be rejected.
Ans.
A director must possess an approved DIN to register a DSC on the MCA portal.
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.
Ans.
No, only individuals who will be signing eForms on behalf of the company must register.
Ans.
No, registration is a one-time process for the MCA portal.
Ans.
You can update your DSC through the Register DSC facility by providing the necessary information.
Ans.
No, professionals need only register once on the MCA portal.
Ans.
Yes, you will need to register your DSC for both roles separately.
Ans.
No, there is currently no requirement for Charge Holders to register their DSCs on the MCA portal.
Ans.
The following individuals are exempt from registration:
Ans.
Yes, PAN is required for Managers, Secretaries, and practicing professionals for DSC registration.
Ans.
This requirement applies to all types of companies, including public, private, limited by shares or guarantee, and unlimited companies.
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.
Ans.
No, any practicing professional with a registered DSC can certify a company’s eForm.
Ans.
Refer to the detailed guide for enabling the DSC Selection Applet to ensure proper settings for DSC selection.
Ans.
Ensure your name is entered without any special characters. For example, input "Sh." as "Sh".
Ans.
No, it only verifies the digital signatures. Any registered or business user ID can upload signed eForms.
Ans.
Signatory details can be found under the ‘View Signatory Details’ tab on the MCA portal.
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.
Ans.
This indicates a personal detail mismatch that needs rectification through your respective Institute.
Ans.
Ans.
Ans.
emSigner.msi
file.Ans.
Restart the emsigner as an administrator and add the relevant path to the Java Control panel’s Exception List.
Ans.
Consult the "Troubleshooting Errors While Using DSC" guide for detailed resolution steps.
The Digital Personal Data Protection Act, 2023 introduces stringent data privacy protocols, which govern the handling of personal data during the issuance of DSCs.
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.