DIGITAL SIGNATURE CERTIFICATE

WHAT ARE DIGITAL SIGNATURES AND HOW DO YOU USE THEM?

Individuals now have a definite identity thanks to the advent of signatures, which has enabled the corporate sector and other individuals to operate more quickly while keeping up with evolving technology. Signatures have played a significant role in influencing people’s decisions and allowing consent to be given at a much higher value. In the past, every person or approved signatory had to read the document in its entirety before giving his assent. This provided enough obstacles for organizations to keep up with the signatory’s pace and revolve around his or her schedule. Even if the Authorized Signatory is not physically present, he can still give his assent. His boon has arrived in the form of technology.

As the industrial revolution progressed, the United Nations noted in 1998 that the increasing number of transactions in cyberspace in recent years necessitated the development of a legal structure for e-signatures. The need for strict e-signature laws as well as the advancement of cyber laws was seen as urgent.

According to the Information Technology Act of 2000, digital signatures are used to verify the authenticity of any electronic document using an electronic signature. To authenticate a document, simply use a digital signature or a mark.

A signature is a representation of one’s identity that is both symbolic and necessary. In the field of law, as well as when conducting transactions, a person’s signature is extremely important. When a person signs a document, it means that he or she has carefully read the entire document, has checked the evidence, and is aware of the document’s contents, and is therefore giving his assent to the best of his knowledge.

For more information, please contact us on info@trijuris.com or call us Mb. No. 85100 58386 or 9310 717274.

WHY DIGITAL SIGNATURES?

  • An electronic signature is a digital representation of a person’s identity that serves as evidence of consent and acknowledges the facts of the signature. Overall, it’s the signatory’s blessing that he agrees to the written format of the same electronically. It’s crucial to make sure it’s from the approved signatory and that no changes have been made to the paper.
  • Authentication is ensured.
  • Ensures the integrity of the data.
  • It is inexpensive.
  • Remove the use of paper from the equation.
  • Ensures the processes are completed more quickly.
  • It is completely secure.

PAPER SIGNATURE VS. DIGITAL SIGNATURE.

  • Authenticity

Authenticity cannot be replicated or forged in the digital mode. It can be forged in paper mode.

  • Integrity.

The document does not affect the paper signature, as it is independent. The quality digital signature depends on the contents of the document.

  • Non-repudiation.

A handwriting expert is required for a paper signature. It is susceptible to errors. No handwriting expert is needed in digital form; any computer user may perform. It is fully error-free.

APPLICATION OF DIGITAL SIGNATURES

  1. Individual Use– The individual has the option of using the signature personally without having to travel to the given location.
  2. Business– Professions like architecture, construction, and engineering need signatures on tenders, industry procurements, and even biddings, and digital signatures can be a great way to do so.
  3. GST return filing – Individuals are required to use Digital Signatures when filing GST returns and E-filing.
  4. Filing Income Tax– Some businesses are required to file income tax in India, thereby conserving daylight.
  5. For ROC E-filing– Filing with the Registrar of Companies and filing for different documents has given people ample reason to use digital signatures.

For more information, please contact us on info@trijuris.com or call us Mb. No. 85100 58386 or 9310 717274.

WHAT IS A DIGITAL SIGNATURE CERTIFICATE?

  • When transacting on the Internet, an automated means of establishing records is used.
  • They’re easy to transport and can’t be duplicated.
  • Contains information such as the owner’s name and public key, the public key’s expiration date, the issuer’s serial number, and name, and his digital signature.
  • It is released so that the recipient can check the authenticity of the certificate.

WHO CAN OBTAIN A DIGITAL SIGNATURE CERTIFICATE?

Government agencies have introduced digital signatures as a result of the e-commerce boom, and it is now a legal necessity for many e-forms to be digitally signed by the approved signatory. As a result, all individuals and organizations must obtain a digital signature. A digital signature certificate verifies the holder’s identity. It functions similarly to a PAN card or a passport, allowing the holder to prove his identity.

WHAT ARE THE APPLICATIONS FOR THE DIGITAL SIGNATURE CERTIFICATE?

A valid legal instrument, a digital signature certificate, may be used to digitally sign a variety of documents. It can be used to file income tax returns, e-tenders, and regulatory business filings, among other things.

WHAT ARE THE VARIOUS DIGITAL SIGNATURE CERTIFICATE CLASSES?

The person or organization must select the class on purpose when applying for the certificate. The following are the various types of digital signature certificates:

Class 1: Companies are unable to use this. It just verifies people’s names and email addresses.

Class 2: Companies and other agencies want this. It can be used to fill out tax forms. A Class 2 digital signature certificate verifies a person’s identity against a reputable database that has been pre-verified. However, as of January 1, 2021, the Controller of Certifying Authority has ordered that Class 2 Certificates be phased out and replaced with Class 3 Certificates.

Class 3: Individuals or companies wishing to engage in online auctions or tenders must have this class. It is the most advanced and stable form of digital signature certificate available. In order to achieve this, the applicant must appear in front of a registration authority.

WHAT IS THE PROCEDURE FOR OBTAINING A DIGITAL SIGNATURE CERTIFICATE?

The licensed individual attaches a Digital Signature Certificate (DSC) to documents that are submitted electronically. It ensures that documents submitted electronically are safe and authentic. All documents filed on the Ministry of Corporate Affairs (MCA) site have a Digital Signature Certificate (DSC). DSC is used to verify online transactions, including business formation or LLP formation, as well as income tax e-filing. Certifying Authority (CA) has been appointed by the Controller of Certifying Authority (CCA) to issue DSC. Class 3 DSC can only be issued by CAs.

APPLICATION REQUIREMENTS FOR A DIGITAL SIGNATURE CERTIFICATE

  • The applicant must submit a completed DSC Application form. Anyone applying for a Digital Signature Certificate must complete an Application Form for online submission and certifying authority verification of personal information.
  • Making photo ID evidence.
  • Creating Address Verification

It is required to visit the Certifying Authority’s website to fill out the Application form.

STEPS TO GET A DIGITAL SIGNATURE CERTIFICATE

STEP 1: Login and choose your entity form.

Go to the website of a Certifying Authority in India that is authorized to issue Digital Certificates. You will be directed to the Digital Certification Services section once you have reached the link. Now, under the ‘Digital Certification Services’ section, select the type of entity for which you want a DSC: ‘individual or organization,’ for example.

Click on ‘individual’ if you’re applying for a DSC for yourself. The DSC Registration Form will appear in a new tab. On your computer, save the DSC Registration Form.

STEP 2: Fill in the necessary details

After you’ve downloaded the form, fill in all of the relevant information in the form:

  • The DSC’s class.
  • Validity is an important factor.
  • Sign only or sign and encrypt.
  • Name of applicant and contact information
  • The address of your home.
  • Identity & GST Number Proof Documents Specifications
  • Declaratory statement
  • As proof of identity, use this document.
  • As proof of address, present this document.
  • Officer of Attestation
  • Payment Details.

After filling out all of the required information, you must attach a recent photograph and sign the declaration. Make sure the form is fully filled out. Make a copy of the completed form and keep it secure.

STEP 3: Identity and address verification

An attesting officer must attest the supporting document given as proof of identity and address. Ensure that the attesting officer’s signature and seal are clearly visible on the supporting evidence documents.

STEP 4: Payment for DSC 

You must receive a demand draught or a check in the name of the Local Registration Authority where you can apply your application for verification in order to pay for your DSC application. By searching for a Certifying Authority licensed to issue Digital Certificates online, you can learn more about the Local Registration Authority in your area.

STEP 5: Submit the necessary documents

In a separate packet, enclose the following:

  • DSC Registration Form duly completed: -Supporting document for Proof of Identity and Proof of Address attested by the attesting officer.
  • Payment will be made by demand draught or cheque.

For further processing, address the enclosed envelope to the Local Registration Authority (LRA) and send it to the LRA’s specified address.

You have successfully completed the application process for your Digital Signature Certificate after completing the above-mentioned steps by filling out the DSC Form and submitting the required documentation and payment.

For more information, please contact us on info@trijuris.com or call us Mb. No. 85100 58386 or 9310 717274.

RECTIFYING MISTAKE IN DIGITAL SIGNATURE CERTIFICATE

An entity must follow the steps below to adjust the information or correct errors in the Digital Signature Certificate (DSC):

  • Using your current user-id to log in.
  • Select the choice to “Change DSC info.”
  • Fill in the DSC’s required details.
  • Select the DSC that has been refreshed or changed.

THE PROCEDURE FOR CREATING A DIGITAL SIGNATURE

Registered individuals build and issue digital signatures. Anyone wishing to obtain a legitimate digital certificate must do so from a certifying authority (CA).

The Certifying Authority (CA) is a type of Trust Service Provider that is a trusted and approved third-party entity in a country. It has the authority to issue digital signatures to residents. These CAs must follow and be regulated by a set of rules and regulations.

Obtaining a Digital Signature Certificate from the Certifying Authorities is the first step. After that, the following process is followed:

  • The hash function is used to demarcate the sender’s initial message in order to obtain the message digest.
  • The message digest is then encrypted using the private key.
  • Using the signature element, the encrypted message digest becomes a digital signature.
  • The initial data is then added to the digital signature.
  • The receiver receives two pieces of information:

THE PROCEDURE FOR DIGITAL SIGNATURE IS DEFINED AS FOLLOWS IN RULE 4 OF THE INFORMATION TECHNOLOGY (CERTIFYING AUTHORITIES) RULES, 2000:

  • The hash function in the signer’s program is used to sign an electronic record or some other piece of information. A hash function is a function that maps data of any size onto data of a predetermined size. A hash function produces hash values, hash codes, digests, or simply hashes.
  • The hash function generates a standard-length hash result that is unique to the electronic record.
  • Using the signer’s private key, the signer’s program converts the hash result into a Digital Signature.
  • The Digital Signature that results is special to both the electronic record and the private key that was used to generate it.
  • Its electronic record has a Digital Signature attached to it, which is stored or distributed with it.

RENEWAL

Yes, the digital signature certificate may be extended up to 7 days before the expiration date of the current certificate. However, the renewal must be done under the same name as before. It will be treated as a new application if the holder applies under a different name. Changes to the postal address and contact information are permitted. If the renewal is not completed within the specified time period, the holder will be required to apply for a new DSC.

REQUIREMENTS FOR RENEWING OR CHANGING DSC

  • If you want to renew your DSC, you’ll need a USB token. If you didn’t get a USB token when you first registered for your DSC, you’ll need one for the renewal.
  • You must apply for renewal using the same name that is on your current DSC. Any name changes made during the renewal process are not allowed and will be treated as a new DSC registration application.
  • Changes to the postal address and contact information are allowed.
  • The DSC renewal application must be submitted 7 days prior to the expiration of the current DSC.
  • To apply for DSC renewal or upgrade, you must first install the current DSC and the DSC that needs to be changed on your PC/machine.

THE DSC WAS FORMED UNDER THE INFORMATION TECHNOLOGY ACT OF 2000

  • Section 35: Any individual who wishes to obtain a Digital Signature Certificate may submit an application to the certifying authority for issuance of the Electronic Certificate along with the requisite fee of Rs. 25,000, including a statement of certification practice or stating such particulars as prescribed, along with a statement of certification practice or stating such particulars as prescribed.
  • Section 36: Representations made after the DSC is given.
  • Section 37: Suspension in the public interest for no more than 15 days unless a hearing is scheduled.
  • Section 38: Revocation due to a subscriber’s death or order, or the dissolution of a corporation or business.

CONCLUSION.

The use of a digital signature instead of a traditional signature has risen dramatically as technology has advanced. The Information Technology Act of 2000 covers a broad range of topics, including the definition of digital signatures, the authorities that have been granted the authority to issue digital signature certificates, and the circumstances that necessitate digital signature affixation.

For more information, please contact us on info@trijuris.com or call us Mb. No. 85100 58386 or 9310 717274.