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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

Knowledge Base Article

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PMLA Rules from a Reporting Entity POV

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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

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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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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 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

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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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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

Knowledge Base Article

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PMLA Rules from a Reporting Entity 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 Reporting Entity 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 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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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

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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

C
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

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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 is an OVD?

OVD stands for “Officially Valid Document” means the passport, the driving license proof of possession of Aadhaar number, the Voter's Identity Card issued by Election Commission of India, job card issued by NREGA duly signed by an officer of the State Government, the letter issued by the National Po

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PMLA Rules from a User POV

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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

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How long does it take to complete this step?

It takes less than a minute. You just need to select your occupation and income range.

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Income & Occupation Details

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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

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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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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

Knowledge Base Article

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PMLA Rules from a Reporting Entity POV

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