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What is the role of FIU-IND under PMLA?

FIU-IND (Financial Intelligence Unit - India) is the central agency responsible for receiving, processing, analyzing, and disseminating information relating to suspect financial transactions. It plays a crucial role in identifying and preventing money laundering and other related offences.

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PMLA Rules from a User POV

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What documents need to be submitted to the Reporting Entity for Client Due Diligence (client is a trust)?

Where the client is a trust, it shall submit to the reporting entity the certified copies of the following documents or the equivalent e-documents thereof, namely: ​ (i) registration certificate; (ii) trust deed; (iii) Permanent Account Number or Form No.60 of the trust; and (iv) such documents as a

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PMLA Rules from a Reporting Entity POV

HS
What are the proceeds of crime?

Proceeds of crime mean any property derived or obtained, directly or indirectly, by any person as a result of criminal activity relating to a scheduled offence or the value of any such property or where such property is taken or held outside the country, then the property equivalent in value held wi

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PMLA Rules from a Reporting Entity POV

HS
Who is a reporting entity?

Reporting entity means a banking company, financial institution, intermediary or a person carrying on a designated business or profession.

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PMLA Rules from a Reporting Entity POV

HS
What constitutes a suspicious transaction under PMLA?

Suspicious transaction means a transaction referred to in clause (h) of sub-rule(1) of Rule 2 of Prevention of Money-Laundering (Maintenance of Records) Rules 2005, including an attempted transaction, whether or not made in cash, which to a person acting in good faith: (a) gives rise to a reasonable

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PMLA Rules from a User POV

HS
What are the actions for not complying with the obligations under PMLA?

If the Director, in the course of any inquiry, finds that a reporting entity or its designated director on the Board or any of its employees has failed to comply with the obligations under Chapter IV of the Prevention of Money Laundering Act, 2002 , then, without prejudice to any other action that m

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PMLA Rules from a Reporting Entity POV

HS
Can fine imposed under section 13 be recovered in the event of default?

Yes. Section 69 of the Prevention of Money Laundering Act, 2002, provides that where any fine or penalty imposed on any person is not paid within six months from the day of imposition of fine or penalty, the Director or any other officer-authorised by him in this behalf may proceed to recover the am

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PMLA Rules from a Reporting Entity POV

HS
Can a reporting entity be penalized for not complying with the obligations of maintenance of records under PMLA, 2002?

Yes, under section 13 of the Prevention of Money Laundering Act, 2002. If the Director, in the course of any inquiry, finds that a reporting entity or its designated director on the Board or any of its employees has failed to comply with the obligations under Chapter IV of the Prevention of Money La

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PMLA Rules from a Reporting Entity POV

HS
Is it mandatory to implement a Client Due Diligence programme?

Yes. Every reporting entity is required to formulate and implement a client due diligence programme approved by the senior management.

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PMLA Rules from a Reporting Entity POV

HS
What is a Scheduled Offence?

Scheduled offence means, the offences specified under Part A of the Schedule; or the offences specified under Part B of the Schedule if the total value involved in such offences is one crore rupees or more; or the offences specified under Part C of the Schedule.

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PMLA Rules from a Reporting Entity POV

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What is a Money Laundering offence?

a person shall be guilty of offence of money laundering if such person is found to have directly or indirectly attempted to indulge or knowingly assisted or knowingly is a party or is actually involved in one or more of the following processes or activities connected with proceeds of crime, namely:

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PMLA Rules from a Reporting Entity POV

HS
Is there any standard format required to be used by reporting entity for furnishing information to the Director, FIU-IND?

Yes. Every reporting entity is necessarily required to furnish information to Director, FIU-IND online in a standard format prescribed for the purpose. For this purpose, the reporting entity has to register itself with FIU-IND using the portal https://finnet.gov.in.

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PMLA Rules from a Reporting Entity POV

HS
What constitutes a suspicious transaction under PMLA?

Suspicious transaction means a transaction referred to in clause (h) of sub-rule(1) of Rule 2 of Prevention of Money-Laundering (Maintenance of Records) Rules 2005, including an attempted transaction, whether or not made in cash, which to a person acting in good faith: (a) gives rise to a reasonable

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PMLA Rules from a Reporting Entity POV

HS
When should the verification of identity of clients be undertaken?

Every reporting entity shall identify its clients, verify their identity, obtain information on the purpose and intended nature of the business relationship; and determine whether a client is acting on behalf of a beneficial owner, and identify the beneficial owner and take all steps to verify the i

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PMLA Rules from a Reporting Entity POV

HS
What are the CDD Measures for Partnership firm as per PMLA Act 2002?

In case the customer is a partnership firm following documents are required for due diligence: registration certificate; partnership deed; PAN or equivalent e-document of the partnership firm and an officially valid document in respect of the person holding an attorney to transact on its behalf.

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PMLA Rules from a User POV

HS
How can I protect myself from being used for money laundering?

You can protect yourself from being used for money laundering by being aware of the risks and red flags of money laundering, and by reporting any suspicious activity to the authorities or financial institution.

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PMLA Rules from a User POV

HS
Whether a transaction can be reported both under CTR and STR?

Yes, in case it is a cash transaction falling within the prescribed rules and has also an element of suspicious transaction.

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PMLA Rules from a Reporting Entity POV

HS
Which documents need to be submitted to the Reporting Entity for Client Due Diligence, verified and maintained when the client is an individual?

Where the client is an individual, he shall submit to the reporting entity, (a) the Aadhaar number where, he is desirous of receiving any benefit or subsidy or where he decides to submit his Aadhaar number voluntarily; or (b) the proof of possession of Aadhaar number where offline verification can b

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PMLA Rules from a Reporting Entity POV

HS
Which documents need to be submitted to the RE for Client Due Diligence, when the client is a company?

Where the client is a company, it shall submit to the reporting entity the certified copies of the following documents or the equivalent e-documents thereof, namely: ​ (i) certificate of incorporation; (ii) Memorandum and Articles of Association; (iii) Permanent Account Number of the company; (iv) a

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PMLA Rules from a Reporting Entity POV

HS
Can PMLA be applied to foreign transactions?

Yes, PMLA can be applied to foreign transactions. It can also be applied to transactions that take place outside India but have a connection with India.

Knowledge Base Article

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PMLA Rules from a User POV

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*Data sourced from Looker app as on 01st May,2023
*Data as on 01st May,2023
*Quarterly trading volume for Q4 FY'22. Currency conversion rate applied as in data capturing period
*FIU Registered entity, NEBLIO TECHNOLOGIES PVT LTD
*Certified in India for May 2023-24