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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 are the CDD Measures for Unincorporated Association or a body of individuals as per PMLA Act 2002?

In case the customer is a body of individuals following documents are required for due diligence resolution of the managing body of such association or body of individuals; Permanent account number or Form No.60 of the unincorporated association or a body of individuals; power of attorney granted to

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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

C
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

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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 documents need to be submitted to the Reporting Entity for Client Due Diligence (client is a trust)?

Where the client is a trust, 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) trust deed; (iii) Permanent Account Number or Form No.60 of the trust; and (iv) such documents as a

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PMLA Rules from a Reporting Entity POV

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What is an Officially Valid Document?

Officially valid document means the passport, the driving licence 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 Population Register

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PMLA Rules from a Reporting Entity POV

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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

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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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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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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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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 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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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 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 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 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

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What are the actions for not complying with the obligations under PMLA?

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 Laundering Act, 2002 , then, without prejudice to any other action that m

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PMLA Rules from a Reporting Entity 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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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

Knowledge Base Article

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PMLA Rules from a Reporting Entity POV

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