What is a Digital Signature Certificate?
Digital signature certificates (DSC) are the digital equivalent (that is electronic format) of physical or paper certificates. Examples of physical certificates are drivers' licenses, passports or membership cards. Certificates serve as a proof of identity of an individual for a certain purpose; for example a driver's license identifies someone who can legally drive in a particular country. Likewise, a digital certificate can be presented electronically to prove your identity, to access information or services on the Internet or to sign certain documents digitally.
Why is Digital Signature Certificate (DSC) required?
Like physical documents are signed manually, electronic documents, for example e-forms are required to be signed digitally through Digital Signature Certificate. As per MCA21 project of ministry of company affairs all the company forms have to be filed electronically.
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Who issues the Digital Signature Certificate?
A licensed Certifying Authority (CA) issues the digital signature. Certifying Authority (CA) means a person who has been granted a license to issue a digital signature certificate under Section 24 of the Indian IT-Act 2000. The list of licensed Certifying Authority along with their contact information is available on www.mca.gov.in .
How is the DSC issued?
The certifying authority, on receipt of the application, after due consideration of the certification statement and other particulars and enquiry, can grant the DSC. Discretion is vested with the certifying authority to reject any application. Reasons should be recorded in case of rejection.
Are any conditions imposed for issue of the DSC?
For issuing the DSC, the certifying authority should take into consideration the following points:
*the applicant holds the private key corresponding to the public key to be listed in the DSC.
*The applicant holds the private key, which is capable of creating a digital signature.
*The public key to be listed in the certificate can be used to verify a digital signature affixed by private key held by the applicant.
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What type of Digital Signature Certificate (DSC) is to be obtained for e-filing on the MCA Portal?
DSC of Class 2 and Class 3 category issued by a licensed Certifying Authority (CA) needs to be obtained for e-filing on the MCA Portal.
Who are Certification Agencies?
Certification Agencies are appointed by the office of the Controller of Certification Agencies (CCA) under the provisions of IT Act, 2000. There are a total of seven Certification Agencies authorised by the CCA to issue the Digital Signature Certificates (DSCs).
Types of Digital Signature Certificates
Class 1: These certificates do not hold any legal validity as the validation process is based only on a valid e-mail ID and involves no direct verification.
Class 2: Here, the identity of a person is verified against a trusted, pre-verified database.
Class 3: This is the highest level where the person needs to present himself or herself in front of a Registration Authority (RA) and prove his/ her identity.
Validity of Digital Signatures:
The DSCs are typically issued with one year validity and two year validity. These are renewable on expiry of the period of initial issue.
Is Director Identification Number (DIN) a pre-requisite to apply for DSC?
No.
What is the cost of obtaining a Digital Signature Certificate?
The cost of obtaining a digital signature certificate may vary as there are many entities issuing DSCs and their charges my differ.
How much time do Certifying Authorities take to issue a DSC?
The time taken by Certifying Authority to issue a DSC may vary from seven to ten days.
What is the validity period of a Digital Signature Certificate?
The Certifying Authorities are authorized to issue a Digital Signature Certificate with a validity of at least one year.
What is the legal status of a Digital Signature?
Digital Signatures are legally admissible as per IT ACT 2000.
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How can I carry a Digital Signatures Certificate to the Physical Front Office (PFO)?
You can store your Digital Signature in a Pen Drive/ Removable Media to carry the same to the PFO for digitally signing the e-forms.
How is a Digital Signature affixed to an e-form?
Click the Digital Signature field in the e-form. The system will prompt you to sign the e-form through a digital signature that is stored on your Pen Drive/ CD.
Is a company required to obtain a Digital Signature Certificate in its own name for e-filing?
Digital Signature Certificate (DSC) is not required by Companies but by individuals. For example the Director or the Company Secretary, signing on behalf of the Company requires a DSC.
Can I do e-filing of documents if I do not possess a DSC?
No. it is mandatory to have a valid digital signature certificate for e-filing the forms on MCA portal.
Are multiple DSCs required for professionals rendering services to different companies?
No. A DSC is unique to each individual. If a professional has obtained a DSC, he/ she can use the same DSC for e-filing of forms for multiple companies, provided he/ she has been authorized to do so by the respective companies.
Is the Company Secretary in whole-time employment required to obtain a DSC?
Yes. If the Company Secretary is an authorized signatory, he/ she is required to obtain a DSC.
What safety precautions should one take while using a Digital Signature?
You should keep the media carrying your digital signature safely and not disclose your password to anybody.
What if somebody gains possession of my digital signature?
Digital Signatures are password protected and cannot be copied from a digitally signed document.
