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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
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
Can appeal be filed against the order of Director, FIU-IND imposing fine?

Any reporting entity aggrieved by any order of the Director made under sub-section (2) of section 13, may prefer an appeal to the Appellate Tribunal.

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PMLA Rules from a Reporting Entity POV

HS
What is the legal framework for exchanging information with foreign countries?

Section 56 of the Prevention of Money Laundering Act, 2002 provides for entering into agreements with foreign countries to enforce provision of PMLA, 2002 and for exchange of information.

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PMLA Rules from a Reporting Entity POV

HS
Can civil court grant injunction against any action taken by the Director, FIU-IND?

No civil Court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which the Director, an Adjudicating Authority or the Appellate Tribunal is empowered by or under this Act to determine and no injunction shall be granted by any Court or other authority in respect of

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PMLA Rules from a Reporting Entity 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
What is the legal framework for sharing of information with other authorities?

Section 66 of the Prevention of Money Laundering Act, 2002 provides for disclosure of information to other officers, authority or body.

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PMLA Rules from a Reporting Entity POV

HS
What is PMLA?

PMLA is an abbreviation for the Prevention of Money Laundering Act, 2002 which is in force since 1st July 2005.

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PMLA Rules from a Reporting Entity POV

HS
How does PMLA, 2002 define records?

Records include the records maintained in the form of books or stored in a computer or such other form as may be prescribed.

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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
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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HS
Which documents need to be submitted to the Reporting Entity for Client Due Diligence (client is a partnership firm)?

Where the client is a partnership firm, 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) partnership deed; (iii) Permanent Account Number of the partnership firm; and (iv) such

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HS
Can Director, FIU-IND issue summons for discovery and production?

The Director shall, for the purposes of section 13, have the same powers as are vested in a civil Court under the Code of Civil Procedure, 1908 (5 of 1908) while trying a suit in respect of the following matters, namely (a) discovery and inspection; (b) enforcing the attendance of any person, includ

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HS
What are a reporting entity’s obligations with regard to risk mitigation?

Every reporting entity is required to exercise ongoing due diligence with respect to the business relationship with every client and closely examine the transactions in order to ensure that they are consistent with their knowledge of the client, his business and risk profile and where necessary, the

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HS
Who has the responsibility to furnish information to Director, FIU-IND

Every reporting is required to communicate to the Director the name, designation and address of the Designated Director and the Principal Officer. The Principal Officer shall furnish the information referred to in Rule 3 of Prevention of Money-Laundering (Maintenance of Records) Rules 2005, to the D

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PMLA Rules from a Reporting Entity POV

HS
What is a Banking Company?

Banking company under PMLA means a banking company or a cooperative bank to which the Banking Regulation Act, 1949 1949 (10 of 1949) applies and includes any bank or banking institution referred to in section 51 of that Act.

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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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HS
What are a reporting entity’s obligations with regard to the beneficial ownership verification?

All reporting entities should, at the time of commencement of an account-based relationship with a client, determine whether the client is acting on behalf of a beneficial owner, and identify the beneficial owner and take all steps to verify the identity of the beneficial owner.

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HS
What are the roles and responsibilities of various regulators & authorities in the enforcement of PMLA?

Section 54 of the Prevention of Money Laundering Act, 2002 empowers and requires various regulators & authorities to assist in the enforcement of the Act.

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HS
Are there any time limits prescribed for furnishing information to Director, FIU-IND?

Yes. Rule 8 of the Prevention of Money-Laundering (Maintenance of Records) Rules 2005 prescribes time limit for furnishing information to the Director, FIU-IND The time limit for furnishing information about cash transactions and integrally connected cash transactions , transactions involving receip

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PMLA Rules from a Reporting Entity POV

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