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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

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What are the proceeds of crime?

Proceeds of crime mean any property derived or obtained, directly or indirectly, by any person as a result of criminal activity relating to a scheduled offence or the value of any such property or where such property is taken or held outside the country, then the property equivalent in value held wi

Knowledge Base Article

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PMLA Rules from a Reporting Entity POV

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What is a Scheduled Offence?

Scheduled offence means, the offences specified under Part A of the Schedule; or the offences specified under Part B of the Schedule if the total value involved in such offences is one crore rupees or more; or the offences specified under Part C of the Schedule.

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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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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

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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 offence 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 (PMLA

Knowledge Base Article

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PMLA Rules from a Reporting Entity POV

C
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

Knowledge Base Article

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PMLA Rules from a Reporting Entity POV

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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

Knowledge Base Article

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PMLA Rules from a Reporting Entity POV

C
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

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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

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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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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

C
What is a Money Laundering offence?

a person shall be guilty of offence of money laundering if such person is found to have directly or indirectly attempted to indulge or knowingly assisted or knowingly is a party or is actually involved in one or more of the following processes or activities connected with proceeds of crime, namely:

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PMLA Rules from a Reporting Entity POV

C
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

C
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 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 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 are the CDD Measures for Individuals as per PMLA Act 2002?

In case the customer is an individual 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 cannot be

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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.

Knowledge Base Article

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PMLA Rules from a User POV

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