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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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Who is a reporting entity?

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

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PMLA Rules from a Reporting Entity POV

HS
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

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PMLA Rules from a Reporting Entity POV

HS
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

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PMLA Rules from a Reporting Entity POV

HS
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

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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
Can a reporting entity be penalized for not complying with the obligations of maintenance of records under PMLA, 2002?

Yes, under section 13 of the Prevention of Money Laundering Act, 2002. 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 La

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PMLA Rules from a Reporting Entity POV

HS
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

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PMLA Rules from a Reporting Entity POV

HS
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.

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PMLA Rules from a Reporting Entity POV

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
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

HS
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

HS
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

HS
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

HS
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

HS
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

HS
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

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
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 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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