Regarding use of Surname - Is it mandatory?

[BalaJi Srivastava]

Respected Sir,

 

I am a normal citizen residing in Delhi, a working person in a Company. By profession I am a Company Secretary , a Law graduate looking after legal and corporate matters of a Company. Recently one of your department – Ministry of Corporate Affairs has launched a new website in which there are various facilities being provided to people who are operating or starting companies in india.

 

Further as per the relevant act – Companies Act, 2013 in this case made it mandatory for any Individual to have DIN (Director Identification Number) to be appointed as Director in any company he would be operating into or starting with.

Now there is practice of Digitally Signing the forms which are uploaded and filed electronically on MCA portal. For signing these forms a person need to acquire DSC (Digital Signature Certificates) and further these DSC’s are first registered on MCA portal prior to being affixed on concern forms to be uploaded on MCA portal for various purposes.

Now my concern with this process is as under:

 

a)      Every individual intending to sign the form must have DSC registered with DIN

b)      DIN is electronically linked with PAN details of Individual

c)       Pan is provided on First Name of any individual

d)      DIN is also provided on First Name of any individual

e)      But for DSC Registration an Individual must have First Name and Last Name both.

 

 This only issue when raised with MCA portal, I have received following response: Dated 19.04.2016

 

Your Service Request SR118507 has been Resolved by MCA Service Desk.

Summary- Registration of DSC

DIN- 07496184 

Solution-

 

Dear user,

 

In case the name does
not have a surname, father’s or grandfather’s surname shall be updated as the last name. Kindly refer Rule 9(4) of the Companies (Appointment and Qualification of Directors) Rules, 2014. Further if PAN record also doesn’t have the first name and/or surname then kindly get it corrected by applying to concerned authority

 

Thanks,

MCA Support Team. 

 

Sir’s my concern is choosing a name of any natural person is an Individual discretion. Why this is mandatory to have a surname if a person does not want to possess it. And even mere for simply registering a DSC, I have been advised to change the entire background details of an Individual otherwise a person with first name cannot start up the business in our Country. Using a name be it first or last depends on a global discretion of country to country. One cannot be asked simply to have a surname just if the person want a start up in india in an organised business model. I would request you to kindly take this matter on priority and ask your concerned cabinet ministers to issue instructions to remove this unnecessary hurdle for people as somewhere these are also in violation of basic fundamental rights on a citizen creating hurdle in practice of Free Trade and Commerce in the country. I have further attached a conversation from people from other region of the country facing difficulties due to such issues for your ready reference. I expect for a response and proper action in this regard.

 

Thanks and Regards,

BalaJi Srivastava

B.Com ACS LLB
Mobile: +91 (0)987-316-9769
Email:bbala...@gmail.com

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