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HS
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

HS
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

HS
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

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PMLA Rules from a Reporting Entity POV

HS
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

HS
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

HS
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

HS
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

HS
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

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PMLA Rules from a Reporting Entity POV

HS
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

HS
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

HS
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

HS
What are the roles and responsibilities of various regulators & authorities in the enforcement of PMLA?

Section 54 of the Prevention of Money Laundering Act, 2002 empowers and requires various regulators & authorities to assist in the enforcement of the Act.

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PMLA Rules from a Reporting Entity POV

HS
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

HS
Which records need to be maintained as per PMLA?

As per Rule 3 of the Rules Prevention of Money-Laundering (Maintenance of Records) Rules 2005, every reporting entity shall maintain a record of all transactions including, the record of : all cash transactions of the value of more than ten lakh rupees or its equivalent in foreign currency all serie

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PMLA Rules from a Reporting Entity POV

HS
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

HS
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.

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PMLA Rules from a Reporting Entity POV

HS
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

HS
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

HS
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

HS
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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*Data as on 01st May,2023
*Quarterly trading volume for Q4 FY'22. Currency conversion rate applied as in data capturing period
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