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

In case the customer is a trust following documents are required for due diligence registration certificate; trust deed; and Permanent Account Number or Form No.60 of the trust; and KYC documents as are required for an individual relating to beneficial owner, managers, officers or employees, as the

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PMLA Rules from a User POV

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What is PMLA?

PMLA stands for Prevention of Money Laundering Act. It is a law enacted in India in 2002 to prevent and combat money laundering and other related offences. It is in force since 1st July 2005. ​

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PMLA Rules from a User POV

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What is money laundering?

Money laundering is the process of converting proceeds obtained from criminal activity into legitimate funds. It involves concealing the source of illegal money by disguising it as legitimate funds.

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PMLA Rules from a User POV

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Why is KYC important?

KYC is important because it helps prevent identity theft, fraud, and money laundering.

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PMLA Rules from a User POV

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Why is KYC important?

KYC is important because it helps prevent identity theft, fraud, and money laundering.

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PMLA Rules from a User POV

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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 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

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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

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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

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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

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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

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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

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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

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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

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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 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 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

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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

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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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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.

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