The ICSI UDIN Amnesty Scheme, 2023 facilitates for Practicing Company Secretaries who apply for it. Under this scheme, they will be exempt from the rules outlined in Para 8 of the UDIN Guidelines for the UDINs they have requested through the amnesty. This means that no disciplinary action will be taken against them in relation to those specific UDINs. However, it’s important to note that individuals who have disciplinary proceedings pending against them for not following the UDIN Guidelines before the Disciplinary Directorate of ICSI will not be granted immunity under this scheme.
Understanding facts
- On the number of UDINs, there are no restrictions that could be amended/revoked under the scheme.
- Under the Amnesty scheme for the modification/rectification, merely active UDIN is been qualified.
- When making adjustments under the Scheme, the member must give appropriate justifications.
- A certain UDIN can only be changed/revoked once. UDIN cannot be reactivated after being revoked.
ICSI UDIN Special Amnesty Scheme, 2023
ICSI Unique Document Identification Number (UDIN) Guidelines, 2019 (hereinafter Directed to as ‘the UDIN Guidelines’ were approved and issued via the Council of the Institute of Company Secretaries of India (hereinafter referred to as ‘the Council’) in its 261st (Special) Meeting conducted on 27th June 2019.
The Council revised the UDIN Guidelines in its 263rd Meeting conducted on 23rd September 2019 in New Delhi and have been revised via the Council in its 269th (Adjourned) Meeting carried on 13th July 2020, and further revised via the Council in its 278th Meeting held on 26th July 2021, and subsequently revised via the Council in its 279th (Special) Meeting conducted on 31st August 2021.
On the UDIN portal (https://stimulate.icsi.edu/udin/) of the Institute, a copy of the updated revised UDIN guidelines is been available.
As per Para 5(viii) of the UDIN Guidelines, every Company Secretary in Practice shall generate UDIN during the signing of the Certificate / Report / Form / Other Documents or 7 days in advance to the date of such signing as aforesaid. This is a confirmation of the UDIN mechanism that the ICSI introduced.
Read Also: Mandatory validation of UDIN in all Income Tax Forms released by ICAI
The list of professional services with regard to which generation of UDIN is obligatory is been furnished via Para 3(b) of the UDIN Guidelines. From the members, the institute has obtained queries about not generating the UDIN during the signing of the Certificate / Report / Form / Other Documents or accidentally specifying certain incorrect particulars because of typographical errors or otherwise. Likewise, some members were not able to revoke the UDIN generated in seven days of these generations according to para 5(ix) of the Guidelines and seek a query for it.
As per Para 8 of the Guidelines, any non-compliance with the UDIN Guidelines makes the defaulting Company Secretary in Practice liable for action under the Company Secretaries Act, 1980 read with First Schedule and Second Schedule to the Company Secretaries Act, 1980.
The proviso to Paragraph 5(x) of the UDIN Guidelines gives the PCS Committee the authority to create standard operating procedures, modalities, or any scheme to condone the delay in generating UDINs due to specific circumstances. The Committee may set the terms and conditions for such condonation. In case of such condonation, the Company Secretary in Practice will not be liable for the consequences of violation as mentioned in Paragraph 8 of the UDIN Guidelines.
It has been approved to establish the Special UDIN Amnesty Scheme-2023 in light of the various technological factors that are impeding the smooth operation of UDIN creation and in an effort to reassure the stakeholders. Under this program, a Company Secretary in Practice may:
- Generate the UDINs missed earlier,
- Rectify the UDIN details recorded at the time of generation,
- Revoke the UDINs not used.
If a UDIN has not been generated previously, it is mandatory to create one before submitting a request under this Scheme.
The online request window will be accessible from July 21, 2023, to July 31, 2023.
All UDINs generated between April 16, 2023, and the Scheme’s closure on July 31, 2023, are eligible for Amnesty. Members who furnished the services without generating a UDIN during the relaxation period from June 15 to June 23, 2023, can also take advantage of this Scheme.
This Scheme has been introduced for specific reasons and should not be considered a precedent for the subsequent time.
A Company Secretary in Practice can modify or revoke a UDIN only at one time. Only active UDINs can be rectified under the UDIN Amnesty Scheme, and once revoked, a UDIN cannot be reactivated.
After successfully submitting a request, an auto-confirmation email will be sent to the Company Secretary in Practice for their records and future communication.
The updated details will be visible in the master data/Register of UDINs after logging into the UDIN website or other designated websites.
Company Secretaries in Practice applying under the UDIN Amnesty Scheme – 2023 will be allotted strength from Para 8 of the UDIN Guidelines for the UDINs covered by this Amnesty Scheme. No disciplinary proceedings will be initiated in this regard, except for cases with pending disciplinary proceedings before the ICSI’s Disciplinary Directorate.
No fees are required for applying for Amnesty. The application process is entirely online through the UDIN website (https://stimulate.icsi.edu/udin/) or other designated Institute websites.
After the Scheme concludes, the Institute may take disciplinary action under the Company Secretaries Act, 1980, along with the First Schedule and Second Schedule to the Company Secretaries Act, 1980, against Company Secretaries in Practice who did not utilize this Scheme and failed to comply with UDIN Guidelines.
Details submitted by Company Secretaries in Practice under this Amnesty Scheme will be kept confidential and will not be considered “information” under the Right to Information Act, 2005.
FAQs on ICSI UDIN Amnesty Scheme, 2023
Q.1 – From where can I download a copy of the ICSI UDIN Amnesty Scheme, 2023?
Ans: You can obtain a copy of the ICSI UDIN Amnesty Scheme – 2023 by downloading it from the official ICSI UDIN website at https://stimulate.icsi.edu/udin
Q.2 – How can I submit an application or make an online request under the Amnesty Scheme?
Ans: There is no formal application is required for the scheme. To avail of the Amnesty Scheme, there are two methods for members:
- Log in to the UDIN website (https://stimulate.icsi.edu/udin), then click on the icon “Amnesty Scheme”, and select the UDIN to be modified/revoked from the UDIN Register; or
- Log in through any other designated website (such as Stimulate Member Portal – https://stimulate.icsi.edu/), click on “Update UDIN,” then select the Amnesty Scheme icon and the UDIN to be modified/revoked from the UDIN Register.
Q.3 – What are the two methods for members to access the UDIN website for UDIN generation?
Ans. Members can access the UDIN website through two methods
Members can log in directly at the website https://stimulate.icsi.edu/udin, Members can log in through any other designated website (such as Stimulate Member Portal – https://stimulate.icsi.edu/) and click on “Update UDIN” to proceed further.
Q.4 – I have registered on the UDIN through the Member’s stimulate website (i.e., https://stimulate.icsi.edu/Home/Home), and I’ve been generating UDINs exclusively on this site. Is it required to use the same credentials to log in on the UDIN Website (i.e., https://stimulate.icsi.edu/udin) as well?
Ans: No, you cannot use the same credentials. However, in such a case, you must re-register on the UDIN website and generate new credentials specifically for the UDIN website to generate UDINs.
Q.5 – What are the opening and late dates for the Amnesty Scheme?
Ans:The Amnesty Scheme will be active from March 16, 2023, and will be closed on March 31, 2023.
Q.6 – What is the limit of UDINs that can be modified/revoked under the Amnesty Scheme?
Ans: There is no limit on the number of UDINs that can be modified/revoked under the scheme. Keep in mind that only active UDINs can be modified/rectified under the Amnesty Scheme.
Q.7 How long does it take for an application to be processed under the Amnesty Scheme?
Ans: The scheme operates in ‘STP’ mode. Therefore, UDIN data will be updated in real-time, and the UDIN Register will be accordingly updated.
Q.8 – Will I receive confirmation regarding modified UDIN from the Institute?
Ans: Yes, members will receive an automatically generated email confirming the success of their online application.
Q.9 – Is it necessary to inform the client about modifications in data associated with UDIN?
Ans: It is suggested that you should inform the client about any modifications made under this scheme. Nevertheless, any stakeholder can access the UDIN information for verification through the UDIN website
Q.10 – Can I make multiple modifications under the Amnesty Scheme for the same UDIN?
AnsThe scheme allows for the modification or revocation of any UDINs generated between April 1, 2022, and March 31, 2023. It is important to note that each UDIN can only be modified/revoked once during this period.
Q.11 –Which specific details can be rectified or modified within the scheme?
Ans: Under the scheme, the correction or alteration can be made of the following information:
- Name of the Company/Client
- CIN/PAN/Aadhar Number
- Financial Year
- Remarks for the Financial Year
- Document Type
- Document Description
- Signing Date
Q.12 – What are the key features of the Amnesty Scheme?
Ans: The Amnesty Scheme offers the following facilities to Members:
- Authorizing Members to generate UDINs for Reports/Returns/Certificates, and other certified Documents that currently lack UDINs.
- Allowing the correction of details within active UDINs generated, such as Client Name, PAN/CIN/Aadhar of the Client, Signing Date, selection of Certificate/Report/Form/Other Document, and Financial Year.
- Providing the option to revoke unused UDINs
Q.13 – Will immunity be furnished for any misconduct proceedings for not adhering to UDIN Guidelines if I apply for amnesty under this scheme?
Ans: Practicing Company Secretaries who apply for the ICSI UDIN Amnesty Scheme, 2023, will receive immunity from the provisions outlined in Para 8 of the UDIN Guidelines concerning UDINs requested under this Amnesty Scheme. This immunity means that disciplinary proceedings will not be initiated or entertained in such cases.
Q.14 – If I do not adhere to the UDIN Guidelines and choose not to apply under the scheme, could I potentially be subject to misconduct proceedings?
Ans:After the conclusion of the scheme, the Institute has the authority to initiate disciplinary action under the Company Secretaries Act, 1980, in conjunction with the First Schedule and Second Schedule to the Company Secretaries Act, 1980, against members who choose not to avail themselves of this scheme and fail to comply with the UDIN Guidelines.
Q.15 – What is the application fee for the Amnesty Scheme?
Ans: No fees will be levied for applications made under this scheme.
Q.16 – Who is eligible to apply for this Amnesty Scheme?
Ans: Any Practicing Company Secretary who has not adhered to the UDIN Guidelines and wishes to rectify the same within the scope of the Scheme.
Q.17 – Do I need to provide reasons for modifying a UDIN?
AnsYes, members are required to specify appropriate reasons when making modifications under this Scheme.
Q.18 – Will the data I submit under the Amnesty Scheme remain confidential?
Ans: Yes, the information submitted by Practicing Company Secretaries under this Amnesty Scheme will be treated as confidential and will not fall under the category of “information” as per the Right to Information Act, 2005.
Q.19 – If I have not previously generated a UDIN, can I generate one now?
AnsIn cases where a UDIN has not been generated earlier, it is mandatory to generate a UDIN before submitting a request under this Scheme.
Q.20 – Can a revoked UDIN be reactivated?
AnsNo, only active UDINs are eligible for rectification under the UDIN Amnesty Scheme. Once revoked, a UDIN cannot be reactivated.
Q.21 – Is it possible to change the Name and/or CIN of the Client in the UDIN?
AnsYes, the Name and/or CIN of the Client can be changed in the UDIN.
Q.22 – Can I apply for this Amnesty Scheme if any disciplinary proceedings by the Disciplinary Directorate of ICSI are unresolved against me?
AnsIn such instances, a member may utilize the Amnesty Scheme, but immunity under this scheme will not be granted to members facing pending disciplinary proceedings concerning non-compliance with UDIN Guidelines before the Disciplinary Directorate of ICSI at any stage.
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