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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.

Knowledge Base Article

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PMLA Rules from a Reporting Entity POV

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Whether a transaction can be reported both under CTR and STR?

Yes, in case it is a cash transaction falling within the prescribed rules and has also an element of suspicious transaction.

Knowledge Base Article

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PMLA Rules from a Reporting Entity POV

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How does PMLA, 2002 define records?

Records include the records maintained in the form of books or stored in a computer or such other form as may be prescribed.

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PMLA Rules from a Reporting Entity POV

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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

Knowledge Base Article

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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.

Knowledge Base Article

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PMLA Rules from a Reporting Entity POV

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Does PMLA, 2002 or the rules thereunder prescribe any procedures and manner verifying for identity of clients?

Yes. Rules 9 and 10 of the PML Rules prescribe the procedures & manner for verification and maintenance of the records of the identity of clients.

Knowledge Base Article

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PMLA Rules from a Reporting Entity POV

C
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.

Knowledge Base Article

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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

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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.

Knowledge Base Article

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PMLA Rules from a Reporting Entity POV

C
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

Knowledge Base Article

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PMLA Rules from a Reporting Entity POV

C
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.

Knowledge Base Article

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PMLA Rules from a Reporting Entity POV

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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

Knowledge Base Article

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PMLA Rules from a Reporting Entity POV

C
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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Which documents need to be submitted to the RE for Client Due Diligence, when the client is a company?

Where the client is a company, it shall submit to the reporting entity the certified copies of the following documents or the equivalent e-documents thereof, namely: ​ (i) certificate of incorporation; (ii) Memorandum and Articles of Association; (iii) Permanent Account Number of the company; (iv) a

Knowledge Base Article

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PMLA Rules from a Reporting Entity POV

C
Who is a reporting entity?

Reporting entity means a banking company, financial institution, intermediary or a person carrying on a designated business or profession.

Knowledge Base Article

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PMLA Rules from a Reporting Entity POV

C
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

Knowledge Base Article

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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.

Knowledge Base Article

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PMLA Rules from a Reporting Entity POV

C
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

Knowledge Base Article

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PMLA Rules from a Reporting Entity POV

C
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

C
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

Knowledge Base Article

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PMLA Rules from a Reporting Entity POV

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