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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
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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PMLA Rules from a Reporting Entity POV

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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PMLA Rules from a Reporting Entity POV

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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PMLA Rules from a Reporting Entity POV

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 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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PMLA Rules from a Reporting Entity POV

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

HS
What are the obligations for maintenance of records under PMLA?

In terms of section 12 of the Prevention of Money Laundering Act, 2002, every reporting entity shall maintain a record of all transactions, including the information furnished to FIU-IND, in such a manner as to enable it to reconstruct individual transactions. The Reporting Entities shall also maint

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PMLA Rules from a Reporting Entity POV

HS
What is a Co-operative Bank?

Co-operative bank shall have the same meaning as assigned to it in clause(dd) of section 2 of the Deposit Insurance and Credit Guarantee Corporation Act 1961.

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PMLA Rules from a Reporting Entity POV

HS
What is an Intermediary?

Intermediary means, (i) a stock-broker, share transfer agent, banker to an issue, trustee to a trust deed, registrar to an issue, merchant banker, underwriter, portfolio manager, investment adviser or any other intermediary associated with securities market and registered under section 12 of the Sec

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PMLA Rules from a Reporting Entity POV

HS
What is a Transaction?

Transaction means a purchase, sale, loan, pledge, gift, transfer, delivery or the arrangement thereof and includes: (i) opening of an account; (ii) deposits, withdrawal, exchange or transfer of funds in whatever currency, whether in cash or by cheque, payment order or other instruments or by electro

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PMLA Rules from a Reporting Entity POV

HS
For how long should the record of transactions be retained?

The records referred to in clause (a) of sub-section (1) of Section 12 shall be maintained for a period of five years from the date of transaction between a client and the reporting entity. The records referred to in clause (e) of sub-section (1) of Section 12 shall be maintained for a period of fiv

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PMLA Rules from a Reporting Entity 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 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 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
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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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 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
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 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

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