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What is the objective of PMLA Act 2002?

The objective of PMLA is to prevent money laundering and to confiscate and seize the proceeds of crime, thereby combating terrorism financing and other illicit activities.

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PMLA Rules from a User POV

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What is a Financial institution?

Financial institution means a financial institution as defined in clause (c) of section 45- I of the Reserve Bank of India Act, 1934 (2 of 1934) and includes a chit fund company, a housing finance institution, an authorised person, a payment system operator, a non-banking financial company and the D

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PMLA Rules from a Reporting Entity POV

HS
What is the process of KYC under PMLA?

KYC stands for Know Your Customer. Under PMLA, Reporting Entities are required to obtain information about their customers' identity, address, occupation, and other relevant details by collecting their PAN, Officially Valid Documents (OVD) & other related documents.

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PMLA Rules from a User POV

HS
What are the penalties for violating PMLA?

Violation of PMLA can result in severe penalties, including imprisonment for a term which shall not be less than three years but which may extend to seven years and shall also be liable to fine.

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PMLA Rules from a User POV

HS
Which records need to be maintained as per PMLA?

As per Rule 3 of the Rules Prevention of Money-Laundering (Maintenance of Records) Rules 2005, every reporting entity shall maintain a record of all transactions including, the record of : all cash transactions of the value of more than ten lakh rupees or its equivalent in foreign currency all serie

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PMLA Rules from a Reporting Entity POV

HS
What are the CDD Measures for sole proprietorship as per PMLA Act 2002?

In case the customer is a sole proprtieorship following documents are required for due diligence ​ a. the Aadhaar number where, (i) the proof of possession of Aadhaar number where offline verification can be carried out; or (ii) the proof of possession of Aadhaar number where offline verification ca

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PMLA Rules from a User POV

HS
What is the role of Directorate of Enforcement (ED)?

The Directorate of Enforcement is a multi-disciplinary organization mandated with investigation of offenses of money laundering and violations of foreign exchange laws. The statutory functions of the Directorate include enforcement of following Acts: The Prevention of Money Laundering Act, 2002 (PML

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PMLA Rules from a User POV

HS
What is a Beneficial Owner as per PMLA Act 2002?

A beneficial owner is an individual or entity that ultimately owns or controls a company or asset, either directly or indirectly. The beneficial owner is the true owner of the company or asset, even if the legal ownership is held by another individual or entity. Where the client is a company, the be

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PMLA Rules from a User POV

HS
What are the obligations for verifying identity of clients under PMLA?

Section 11A together with Section 12 of the Prevention of Money Laundering Act, 2002, requires every reporting entity to verify and maintain the records of the identity of all its clients, as prescribed by rule 9 of the PML Rules.

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PMLA Rules from a Reporting Entity POV

HS
Since when Virtual Assets are covered under PMLA Act 2002?

As per the Notification received from Department of Revenue, Ministry of Finance on 7th March 2023, Virtual Digital Assets, their safekeeping or administration is covered under PMLA Act 2002.

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PMLA Rules from a User POV

HS
What is a Housing Finance Institution?

Housing Finance Institution shall have the same meaning as assigned to it in clause (d) of section 2 of the National Housing Bank Act, 1987.

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PMLA Rules from a Reporting Entity POV

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

In case the customer is a company following documents are required for due diligence Certificate of incorporation; Memorandum and Articles of Association; Permanent Account Number of the company; a resolution from the Board of Directors and power of attorney granted to its managers, officers or empl

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PMLA Rules from a User POV

HS
Whether any civil or criminal proceedings can be initiated for furnishing information?

No. It is provided for in section 14 of the Prevention of Money Laundering Act, 2002, that the reporting entity, its directors and employees shall not be liable to any civil or criminal proceedings against them for furnishing information under clause (b) of sub-section (l) of section 12.

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PMLA Rules from a Reporting Entity POV

HS
What is a Non-banking Financial Company?

Non-banking financial company shall have the same meaning as assigned to it in clause (f) of section 45-I of the Reserve Bank of India Act, 1934.

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PMLA Rules from a Reporting Entity POV

HS
What is money laundering?

The goal of a large number of criminal acts is to generate a profit for the individual or group that carries out the act. Money laundering is the processing of these criminal proceeds to disguise their illegal origin. This process is of critical importance, as it enables the criminal to enjoy these

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PMLA Rules from a Reporting Entity POV

HS
What is the proceeds of crime as per PMLA Act 2002?

The term "proceeds of crime" refers to any property derived or obtained, either directly or indirectly, by any person or entity as a result of criminal activity or from the value of any such property.

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PMLA Rules from a User POV

HS
What type of information is required to be furnished under PMLA?

Every reporting entity is required to furnish information about: all cash transactions of the value of more than ten lakh rupees or its equivalent in foreign currency all series of cash transactions integrally connected to each other which have been individually valued below rupees ten lakh or its e

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PMLA Rules from a Reporting Entity POV

HS
Who can be charged under the PMLA Act 2002?

A person shall be guilty of offence of Money Laundering if such person is found to have directly or in-directly involved in the process or activity connected with proceeds of crime. This includes individuals, companies, and financial institutions.

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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,if the client is an unincorporated association or a body of individuals?

Following document need to be verified and maintained when the client is an body of individuals : Where the client is an unincorporated association or a body of individuals, it shall submit to the reporting entity the certified copies of the following documents or the equivalent e-documents thereof,

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PMLA Rules from a Reporting Entity POV

HS
What is a Chit Fund Company?

Chit fund company means a company managing, conducting or supervising, as foremen, agent or in any other capacity, chits as defined in Section 2 of the Chit Funds Act, 1982.

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PMLA Rules from a Reporting Entity POV

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