1. Applicability under Prevention of Money Laundering Act (PMLA), 2002
- Public Companies engaged in certain regulated financial activities, such as stock broking, fund management, real estate, or securities trading, are subject to the Prevention of Money Laundering Act (PMLA), 2002.
- These companies must ensure that their operations do not facilitate money laundering, i.e., the process of disguising the origin of illegally obtained funds.
- Obligations apply particularly to listed companies, financial intermediaries, and entities covered under SEBI, RBI, and IRDAI frameworks.
2. Know Your Customer (KYC) and Due Diligence
- Companies must establish robust KYC procedures to verify the identity of customers, investors, and counterparties.
- This includes a collection of PAN, Aadhaar, address proof, source of funds, and verification through government-authorized systems.
- Enhanced due diligence is required for high-risk transactions or politically exposed persons (PEPs).
- The goal is to prevent the company from being used as a channel for illegal fund transfers or layering activities.
3. Monitoring and Reporting of Suspicious Transactions
- Companies are required to monitor financial activities for unusual or suspicious patterns, such as:
- Large cash transactions
- Round-tripping of funds
- Transactions lacking business rationale
- Large cash transactions
- Any such activity must be reported to the Financial Intelligence Unit – India (FIU-IND) via Suspicious Transaction Reports (STRs) or Cash Transaction Reports (CTRs).
- Timely and accurate reporting is critical to comply with AML regulations.
4. Internal Controls and Governance Framework
- Public Companies must implement a comprehensive Anti-Money Laundering (AML) policy, approved by the board or audit committee.
- This includes:
- Appointment of a Principal Officer to oversee AML compliance
- Employee training programs on AML awareness
- Systematic record keeping of transactions and client data for at least 5 years
- Appointment of a Principal Officer to oversee AML compliance
- Companies must ensure that third-party service providers and agents also adhere to AML norms.
5. Regulatory Compliance and Penalties
- SEBI-regulated companies must follow the SEBI Master Circular on AML Standards, updated regularly.
- Non-compliance with AML obligations may lead to:
- Heavy financial penalties
- Freezing of accounts or transactions
- Blacklisting or revocation of licenses
- Criminal prosecution of directors or officers under the PMLA
- Heavy financial penalties
- Reputational damage can also affect investor trust and market standing.



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