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HS
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

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

Knowledge Base Article

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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

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 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

HS
What is PMLA?

PMLA is an abbreviation for the Prevention of Money Laundering Act, 2002 which is in force since 1st July 2005.

Knowledge Base Article

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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

Knowledge Base Article

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PMLA Rules from a Reporting Entity POV

HS
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

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

Knowledge Base Article

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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 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.

Knowledge Base Article

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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
In what form is the information on the identity of clients required to be maintained?

Rule 10 of the PML Rules specifies that the reporting entity shall maintain information on the identity of clients in the manner as may be specified by the sector Regulators.

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PMLA Rules from a Reporting Entity POV

HS
What is CDD?

CDD stands for Customer Due Diligence, which is a process used by Reporting Entities to verify the identity of their customers and assess the risk of money laundering and terrorist financing.

Knowledge Base Article

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PMLA Rules from a User POV

HS
What are the obligations for maintenance of records under PMLA?

In terms of section 12 of the Prevention of Money Laundering Act, 2002, every reporting entity shall maintain a record of all transactions, including the information furnished to FIU-IND, in such a manner as to enable it to reconstruct individual transactions. The Reporting Entities shall also maint

Knowledge Base Article

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PMLA Rules from a Reporting Entity POV

HS
Can PMLA be applied to foreign transactions?

Yes, PMLA can be applied to foreign transactions. It can also be applied to transactions that take place outside India but have a connection with India.

Knowledge Base Article

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PMLA Rules from a User 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.

Knowledge Base Article

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PMLA Rules from a Reporting Entity POV

HS
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
What are the CDD Measures for Partnership firm as per PMLA Act 2002?

In case the customer is a partnership firm following documents are required for due diligence: registration certificate; partnership deed; PAN or equivalent e-document of the partnership firm and an officially valid document in respect of the person holding an attorney to transact on its behalf.

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PMLA Rules from a User POV

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Who is a Authorized signatory ?

An authorized signatory is a person allowed to act on behalf of your business, and their name is stated in your official business/company records.

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