KYC-AML Guideline

Nu Investors Technologies Private Limited had designed this policy of PMLA and effective AML program to prohibit and actively prevent the money laundering or the funding of terrorist or criminal activities or flow of illegal money or hiding money to avoid taxes.

The Directives as outlined below provide a general background and summary of the main provisions of the applicable anti-money laundering and anti-terrorist financing legislations in India. They also provide guidance on the practical implications of the Prevention of Money Laundering Act, 2002 (PMLA). The Directives also set out the steps that NU or its representatives shall implement to discourage and to identify any money laundering or terrorist financing activities.

These Directives are intended for use primarily by intermediaries registered under Section 12 of the Securities and Exchange Board of India Act, 1992 (SEBI Act), Stock Exchanges, Depositories and other recognised entities under the SEBI Act and Regulations and rules thereunder. While it is recognized that a “one-size-fits-all” approach may not be appropriate for the securities industry in India, each registered intermediary shall consider the specific nature of its business, organizational structure, type of clients and transactions, etc. when implementing the suggested measures and procedures to ensure that they are effectively applied. The overriding principle is that they shall be able to satisfy themselves that the measures taken by them are adequate, appropriate and abide by the spirit of such measures and the requirements as enshrined in the PMLA.

1. Background

As per the provisions of PMLA and the Prevention of Money-Laundering (Maintenance of Records) Rules, 2005 (PML Rules), as amended from time to time and notified by the Government of India, every reporting entity (which includes intermediaries registered under section 12 of the SEBI Act, i.e. a stock-broker, share transfer agent, banker to an issue, trustee to a trust deed, registrar to an issue, asset management company, depository participant, merchant banker, portfolio manager, investment adviser and any other intermediary associated with the securities market and registered under Section 12 of the SEBI Act and stock exchanges), shall have to adhere to the client account opening procedures, maintenance records and reporting of such transactions as prescribed by the PMLA and rules notified there under.

The PML Rules empower SEBI to specify the information required to be maintained by the intermediaries and the procedure, manner and form in which it is to be maintained. It also mandates the reporting entities to evolve an internal mechanism having regard to any guidelines issued by the regulator for detecting the transactions specified in the PML Rules and for furnishing information thereof, in such form as may be directed by SEBI.

The PMLA inter alia provides that violating the prohibitions on manipulative and deceptive devices, insider trading and substantial acquisition of securities or control as provided in Section 12A read with Section 24 of the SEBI Act will be treated as a scheduled offence under schedule B of the PMLA.

2. Policies and Procedures to Combat Money Laundering and Terrorist Financing

2.1 Essential Principles

These Directives have taken into account the requirements of the PMLA as applicable to the intermediaries registered under Section 12 of the SEBI Act. The detailed directives have outlined relevant measures and procedures to guide the registered intermediaries in preventing ML and TF. Some of these suggested measures and procedures may not be applicable in every circumstance. NU shall consider carefully the specific nature of its business, organizational structure, type of client and transaction, etc. to satisfy itself that the measures taken by it are adequate and appropriate and follow the spirit of the suggested measures and the requirements as laid down in the PMLA and guidelines issued by the Government of India from time to time.

In case there is a variance in Client Due Diligence (CDD)/ Anti Money Laundering (AML) standards specified by SEBI and the regulators of the host country, branches/overseas subsidiaries of NU are required to adopt the more stringent requirements of the two.

If the host country does not permit the proper implementation of AML/CFT measures consistent with the home country requirements, financial groups shall be required to apply appropriate additional measures to manage the ML/TF risks, and inform SEBI.

2.2 Obligation to establish policies and procedures

Global measures taken to combat drug trafficking, terrorism and other organized and serious crimes have all emphasized the need for financial institutions, including securities market intermediaries, to establish internal procedures that effectively serve to prevent and impede money laundering and terrorist financing. The PMLA is in line with these measures and mandates that NU ensure the fulfilment of the aforementioned obligations.

The term “group” shall have the same meaning assigned to it in clause (cba) of sub-rule (1) of Rule 2 of the PML Rules as amended from time to time. Groups shall implement group-wide policies for the purpose of discharging obligations under Chapter IV of the PMLA.

Financial groups shall be required to implement group wide programmes for dealing with ML/TF, which shall be applicable, and appropriate to, all branches and majority owned subsidiaries of the financial group as under:

• a) policies and procedures for sharing information required for the purposes of CDD and ML/TF risk management;
• b) the provision, at group level compliance, audit, and/or AML/CFT functions, of customer, account, and transaction information from branches and subsidiaries when necessary for AML/CFT purposes. This shall include information and analysis of transactions or activities which appear unusual (if such analysis was done); similar provisions for receipt of such information by branches and subsidiaries from these group level functions when relevant and appropriate to risk management; and
• c) adequate safeguards on the confidentiality and use of information exchanged, including safeguards to prevent tipping-off.

To be in compliance with these obligations, the senior management of NU shall be fully committed to establishing appropriate policies and procedures for the prevention of ML and TF and ensuring their effectiveness and compliance with all relevant legal and regulatory requirements. The registered intermediaries shall:

• i. issue a statement of policies and procedures and implement, on a group basis where applicable, for dealing with ML and TF reflecting the current statutory and regulatory requirements;
• ii. ensure that the content of these Directives are understood by all staff members;
• iii. regularly review the policies and procedures on the prevention of ML and TF to ensure their effectiveness. Further, in order to ensure the effectiveness of policies and procedures, the person doing such a review shall be different from the one who has framed such policies and procedures;
• iv. adopt client acceptance policies and procedures which are sensitive to the risk of ML and TF;
• v. undertake CDD measures to an extent that is sensitive to the risk of ML and TF depending on the type of client, business relationship or transaction;
• vi. have a system in place for identifying, monitoring and reporting suspected ML or TF transactions to the law enforcement authorities; and
• vii. develop staff members’ awareness and vigilance to guard against ML and TF.

2.3 Policies and procedures to combat ML and TF shall cover:

• i. Communication of group policies relating to prevention of ML and TF to all management and relevant staff that handle account information, securities transactions, money and client records etc. whether in branches, departments or subsidiaries;
• ii. Client acceptance policy and client due diligence measures, including requirements for proper identification;
• iii. Maintenance of records;
• iv. Compliance with relevant statutory and regulatory requirements;
• v. Co-operation with the relevant law enforcement authorities, including the timely disclosure of information;
• vi. Role of internal audit or compliance function to ensure compliance with the policies, procedures, and controls relating to the prevention of ML and TF, including the testing of the system for detecting suspected money laundering transactions, evaluating and checking the adequacy of exception reports generated on large and/or irregular transactions, the quality of reporting of suspicious transactions and the level of awareness of front line staff, of their responsibilities in this regard; and,
• vii. The internal audit function shall be independent, adequately resourced and commensurate with the size of the business and operations, organization structure, number of clients and other such factors.

3. Written Anti Money Laundering Procedures

3.1 What is Money Laundering

Money Laundering involves disguising financial assets so that they can be used without detection of the illegal activity that produced them. Through Money laundering, the laundered transforms the monetary proceeds derived from criminal activity in to funds with an apparently legal source.

As per Section (3) of the PMLA Act, 2002 enacted in the January 2003 and came to force on 01st July, 2005 defines Money Laundering as under:

Whosoever directly or indirectly attempts to indulge or knowingly assists or knowingly is a party or is actually involved in any process or activity connected with the proceeds of crime and projecting it as untainted property shall be guilty of offence of Money laundering.

3.2 Prevention of Money Laundering Act

The prevention of Money Laundering Act, 2002 (PMLA) has been brought into force with effect from 01st July, 2005. As per the PMLA, every Banking Company, Financial institution and Intermediaries (which includes a Depository participants, Stock Broker, Sub Broker, Banker to an issue, Trustee to a trust deed, Registrar to an issue, Merchant Banker, Underwriters, Portfolio Manager, and any other intermediary associated with securities market) shall have to maintain a record of all the transactions, the nature and the value of which has been prescribed in the rules notified under the PMLA. For the purpose of PMLA, transactions include:

• 1. All cash transactions of the value of more than Rs. 10 Lakhs or its equivalent in foreign currency.
• 2. All series of Cash transactions integrally connected to each other which have been valued below Rs. 10 lakhs or equivalent in foreign currency where such series of transactions have taken place within a month and the monthly aggregate exceeds an amount of Rs. 10 lakhs rupees or its equivalent in foreign currency.
• 3. All suspicious transactions whether or not made in cash and including, interalia, credits or debits into from any non-monetary account such as demat account, security account maintained by the registered intermediary.

“Suspicious Transactions” means a transaction whether or not made in Cash which to a person acting in good faith.

• Gives rise to a reasonable ground of suspicion that it may involve the proceeds of crime; or
• Appears to be made in circumstances of unusual or unjustified complexity; or
• Appears to have no economic rationale or bonafide purpose.

3.3 Financial Intelligence Unit (FIU)-India

The Government of India set up Financial Intelligence Unit – India (FIU – IND) on November 18, 2004 as the central national agency responsible for receiving, processing, analyzing and disseminating information relating to suspect financial transactions. FIU – IND is also responsible for coordinating and strengthening efforts of national and international intelligence, investigation and enforcement agencies in pursuing the global efforts against money laundering and related crimes. FIU – IND is an independent body to report directly to the Economic Intelligence Council (EIC) headed by the finance minister.

3.4 Client Due Diligence Process parameters

NU shall adopt written procedures to implement the anti-money laundering provisions as envisaged under the PMLA. Such procedures shall include inter alia, the following four specific parameters which are related to the overall ‘Client Due Diligence Process’:

• a. Policy for acceptance of clients;
• b. Procedure for identifying the clients;
• c. Risk Management;
• d. Monitoring of Transactions.

4. Implementation of this Policy

4.1 Client Due Diligence (CDD)

• Client Due Diligence means due diligence carried out on a client referred to in clause (ha) of sub-section (1) of section 2 of the PMLA using reliable and independent sources of identification.
• The CDD shall have regard to the money laundering and terrorist financing risks and the size of the business and shall include policies, controls and procedures, approved by the senior management, to enable the reporting entity to manage and mitigate the risk that have been identified either by the registered intermediary or through national risk assessment.
• The CDD measures comprise the following:

• i. Obtaining sufficient information in order to identify persons who beneficially own or control the securities account. Whenever it is apparent that the securities acquired or maintained through an account are beneficially owned by a party other than the client, that party shall be identified using reliable and independent client identification and verification procedures. The beneficial owner is the natural person or persons who ultimately own, control or influence a client and/or persons on whose behalf a transaction is being conducted. It also incorporates those persons who exercise ultimate effective control over a legal person or arrangement.
• ii. Identify the clients, verify their identity using reliable and independent sources of identification, obtain information on the purpose and intended nature of the business relationship, where applicable.
• iii. Verify the client’s identity using reliable, independent source documents, data or information. Where the client purports to act on behalf of juridical person or individual or trust, the registered intermediary shall verify that any person purporting to act on behalf of such client is so authorized and verify the identity of that person;

Provided that in case of a Trust, the reporting entity shall ensure that trustees disclose their status at the time of commencement of an account-based relationship.

• iv. Identifying beneficial ownership and control, i.e. determine which individual(s) ultimately own(s) or control(s) the client and/or the person on whose behalf a transaction is being conducted. The beneficial owner shall be determined as under-

• a) where the client is a company, the beneficial owner is the natural person(s), who, whether acting alone or together, or through one or more juridical person, has a controlling ownership interest or who exercises control through other means.

Explanation — For the purpose of this sub-clause:

• i. “Controlling ownership interest” means ownership of or entitlement to more than 10% of shares or capital or profits of the company;
• ii. “Control” shall include the right to appoint majority of the directors or to control the management or policy decisions including by virtue of their shareholding or management rights or shareholders’ agreements or voting agreements;

• b) where the client is a partnership firm, the beneficial owner is the natural person(s) who, whether acting alone or together, or through one or more juridical person, has ownership of/ entitlement to more than ten percent of capital or profits of the partnership or who exercises control through other means.

Explanation — For the purpose of this clause: “Control” shall include the right to control the management or policy decision;

• c) where the client is an unincorporated association or body of individuals, the beneficial owner is the natural person(s), who, whether acting alone or together, or through one or more juridical person, has ownership of or entitlement to more than fifteen percent of the property or capital or profits of such association or body of individuals;
• d) where no natural person is identified under (a) or (b) or (c) above, the beneficial owner is the relevant natural person who holds the position of senior managing official;
• e) Where the client is a trust, the identification of beneficial owner(s) shall include identification of the author of the trust, the trustee, the beneficiaries with 10% or more interest in the trust, settlor, protector and any other natural person exercising ultimate effective control over the trust through a chain of control or ownership; and
• f) where the client or the owner of the controlling interest is an entity listed on a stock exchange in India, or it is an entity resident in jurisdictions notified by the Central Government and listed on stock exchanges in such jurisdictions notified by the Central Government, or it is a subsidiary of such listed entities, it is not necessary to identify and verify the identity of any shareholder or beneficial owner of such entities.
• g) Applicability for foreign investors: NU dealing with foreign investors’ may be guided by SEBI Master Circular SEBI/HO/AFD-2/CIR/P/2022/175 dated December 19, 2022 and amendments thereto, if any, for the purpose of identification of beneficial ownership of the client;
• h) The Stock Exchanges and Depositories shall monitor the compliance of the aforementioned provision on identification of beneficial ownership through half yearly internal audits. In case of mutual funds, compliance of the same shall be monitored by the Boards of the Asset Management Companies and the Trustees and in case of other registered intermediaries, by their Board of Directors.

• v. Verify the identity of the beneficial owner of the client and/or the person on whose behalf a transaction is being conducted, corroborating the information provided in relation to (iii);
• vi. Understand the nature of business, ownership and control structure of the client;
• vii. Conduct ongoing due diligence and scrutiny, i.e. perform ongoing scrutiny of the transactions and account throughout the course of the business relationship to ensure that the transactions being conducted are consistent with the registered intermediary’s knowledge of the client, its business and risk profile, taking into account, where necessary, the client’s source of funds.
• viii. NU shall review the due diligence measures including verifying again the identity of the client and obtaining information on the purpose and intended nature of the business relationship, as the case may be, when there are suspicions of money laundering or financing of the activities relating to terrorism or where there are doubts about the adequacy or veracity of previously obtained client identification data.
• ix. NU shall periodically update all documents, data or information of all clients and beneficial owners collected under the CDD process such that the information or data collected under client due diligence is kept up-to-date and relevant, particularly for high-risk clients.
• x. NU shall register the details of a client, in case of client being a non-profit organisation, on the DARPAN Portal of NITI Aayog, if not already registered, and maintain such registration records for a period of five years after the business relationship between a client and the registered intermediary has ended or the account has been closed, whichever is later.
• xi. Where NU is suspicious that transactions relate to money laundering or terrorist financing, and reasonably believes that performing the CDD process will tip-off the client, the NU shall not pursue the CDD process, and shall instead file a STR with FIU-IND.

• No transaction or account-based relationship shall be undertaken without following the CDD procedure.

4.2 Policy for acceptance of clients

NU does have client acceptance policies and procedures that aim to identify the types of clients that are likely to pose a higher-than-average risk of ML or TF. By establishing such policies and procedures, NU is in a better position to apply client due diligence on a risk sensitive basis depending on the type of client business relationship or transaction. In a nutshell, the following safeguards are to be followed while accepting the clients:

• i. NU does not allow the opening of or keeping any anonymous account or account in fictitious names or account on behalf of other persons whose identity has not been disclosed or cannot be verified,
• ii. Factors of risk perception (in terms of monitoring suspicious transactions) of the client are clearly defined having regard to clients’ location (registered office address, correspondence addresses and other addresses if applicable), nature of business activity, trading turnover etc. and manner of making payment for transactions undertaken. The parameters shall enable classification of clients into low, medium and high risk. Clients of special category (as given below) may, if necessary, be classified even higher; Such clients require higher degree of due diligence and regular update of Know Your Client (KYC) profile,
• iii. NU shall undertake enhanced due diligence measures as applicable for Clients of Special Category (CSC). CSC shall include the following:

• a. Non – resident clients;
• b. High net-worth clients;
• c. Trust, Charities, Non-Governmental Organizations (NGOs) and organizations receiving donations;
• d. Companies having close family shareholdings or beneficial ownership;
• e. Politically Exposed Persons” (PEPs): PEP shall have the same meaning as given in clause (db) of sub-rule (1) of rule 2 of the PML Rules. The additional norms applicable to PEP as contained in the subsequent paragraph 20 of the master circular shall also be applied to the accounts of the family members or close relatives / associates of PEPs;
• f. Clients in high-risk countries: While dealing with clients from or situated in high risk countries or geographic areas or when providing delivery of services to clients through high risk countries or geographic areas i.e. places where existence or effectiveness of action against money laundering or terror financing is suspected, registered intermediaries apart from being guided by the FATF statements that inter alia identify such countries or geographic areas that do not or insufficiently apply the FATF Recommendations, published by the FATF on its website (www.fatf-gafi.org) from time to time, shall also independently access and consider other publicly available information along with any other information which they may have access to. However, this shall not preclude NU from entering into legitimate transactions with clients from or situated in such high-risk countries and geographic areas or delivery of services through such high-risk countries or geographic areas. NU shall specifically apply EDD measures, proportionate to the risks, to business relationships and transactions with natural and legal persons (including financial institutions) from countries for which this is called for by the FATF;
• g. Non face to face clients – Non face to face clients means clients who open accounts without visiting the branches/offices of the NU or meeting the officials of the NU. Video based customer identification process is treated as face-to-face onboarding of clients;
• h. Clients with dubious reputation as per public information available etc.

The NU shall exercise independent judgment to ascertain whether any other set of clients shall be classified as CSC or not.

• iv. Documentation requirements and other information to be collected in respect of different classes of clients depending on the perceived risk and having regard to the requirements of Rule 9 of the PML Rules, Directives and Circulars issued by SEBI from time to time.
• v. Ensure that an account is not opened where the NU is unable to apply appropriate CDD measures. This shall apply in cases where it is not possible to ascertain the identity of the client, or the information provided to the NU is suspected to be non – genuine, or there is perceived non – co-operation of the client in providing full and complete information. NU shall not continue to do business with such a person and file a suspicious activity report. It shall also evaluate whether there is suspicious trading in determining whether to freeze or close the account. NU shall be cautious to ensure that it does not return securities or money that may be from suspicious trades. However, NU shall consult the relevant authorities in determining what action it shall take when it suspects suspicious trading.
• vi. The circumstances under which the client is permitted to act on behalf of another person / entity shall be clearly laid down. It shall be specified in what manner the account shall be operated, transaction limits for the operation, additional authority required for transactions exceeding a specified quantity/value and other appropriate details. Further the rights and responsibilities of both the persons i.e. the agent-client registered with the intermediary, as well as the person on whose behalf the agent is acting shall be clearly laid down. Adequate verification of a person’s authority to act on behalf of the client shall also be carried out.
• vii. Necessary checks and balance to be put into place before opening an account so as to ensure that the identity of the client does not match with any person having known criminal background or is not banned in any other manner, whether in terms of criminal or civil proceedings by any enforcement agency worldwide.
• viii. The CDD process shall necessarily be revisited when there are suspicions of ML/TF.

4.3 Client identification procedure

• The KYC policy shall clearly spell out the client identification procedure (CIP) to be carried out at different stages i.e. while establishing the intermediary – client relationship, while carrying out transactions for the client or when the intermediary has doubts regarding the veracity or the adequacy of previously obtained client identification data.
• NU shall be in compliance with the following requirements while putting in place a CIP:

• i. NU shall proactively put in place appropriate risk management systems to determine whether their client or potential client or the beneficial owner of such client is a politically exposed person. Such procedures shall include seeking relevant information from the client, referring to publicly available information or accessing the commercial electronic databases of PEPs.
• ii. NU is required to obtain senior management approval for establishing business relationships with PEPs. Where a client has been accepted and the client or beneficial owner is subsequently found to be, or subsequently becomes a PEP, registered intermediaries shall obtain senior management approval to continue the business relationship.
• iii. NU shall also take reasonable measures to verify the sources of funds as well as the wealth of clients and beneficial owners identified as PEP.
• iv. The client shall be identified by NU by using reliable sources including documents / information. NU shall obtain adequate information to satisfactorily establish the identity of each new client and the purpose of the intended nature of the relationship.
• v. The information must be adequate enough to satisfy competent authorities (regulatory / enforcement authorities) in future that due diligence was observed by the NU in compliance with the directives. Each original document shall be seen prior to acceptance of a copy.
• vi. Failure by prospective client to provide satisfactory evidence of identity shall be noted and reported to the higher authority within the NU.

• SEBI has specified the minimum requirements relating to KYC for certain classes of registered intermediaries from time to time. Taking into account the basic principles enshrined in the KYC norms which have already been specified or which may be specified by SEBI from time to time, NU shall frame their own internal directives based on their experience in dealing with their clients and legal requirements as per the established practices.
• Further, NU shall conduct ongoing due diligence where it notices inconsistencies in the information provided. The underlying objective shall be to follow the requirements enshrined in the PMLA, SEBI Act and Regulations, directives and circulars issued thereunder so that the intermediary is aware of the clients on whose behalf it is dealing.
• NU shall formulate and implement a CIP which shall incorporate the requirements of the PML Rules Notification No. 9/2005 dated July 01, 2005 (as amended from time to time), which notifies rules for maintenance of records of the nature and value of transactions, the procedure and manner of maintaining and time for furnishing of information and verification of records of the identity of the clients of the banking companies, financial institutions and intermediaries of securities market and such other additional requirements that it considers appropriate to enable it to determine the true identity of its clients.
• It may be noted that irrespective of the amount of investment made by clients, no minimum threshold or exemption is available to registered intermediaries (brokers, depository participants, AMCs etc.) from obtaining the minimum information/documents from clients as stipulated in the PML Rules/ SEBI Circulars (as amended from time to time) regarding the verification of the records of the identity of clients. Further no exemption from carrying out CDD exists in respect of any category of clients. In other words, there shall be no minimum investment threshold/ category-wise exemption available for carrying out CDD measures by registered intermediaries. This shall be strictly implemented by NU and non-compliance shall attract appropriate sanctions.

4.4 Reliance on third party for carrying out Client Due Diligence (CDD)

• NU may rely on a third party for the purpose of –

• i. identification and verification of the identity of a client and
• ii. Determination of whether the client is acting on behalf of a beneficial owner, identification of the beneficial owner and verification of the identity of the beneficial owner. Such third party shall be regulated, supervised or monitored for, and have measures in place for compliance with CDD and record-keeping requirements in line with the obligations under the PML Act.

• Such reliance shall be subject to the conditions that are specified in Rule 9 (2) of the PML Rules and shall be in accordance with the regulations and circulars/ guidelines issued by SEBI from time to time. In terms of Rule 9(2) of PML Rules:

• i. NU shall immediately obtain necessary information of such client due diligence carried out by the third party;
• ii. NU shall take adequate steps to satisfy itself that copies of identification data and other relevant documentation relating to the client due diligence requirements will be made available from the third party upon request without delay;
• iii. NU shall be satisfied that such third party is regulated, supervised or monitored for, and has measures in place for compliance with client due diligence and record-keeping requirements in line with the requirements and obligations under the Act;
• iv. The third party is not based in a country or jurisdiction assessed as high risk;
• v. NU shall be ultimately responsible for CDD and undertaking enhanced due diligence measures, as applicable.

5. Risk Management

5.1 Risk-based Approach

• NU shall apply a Risk Based Approach (RBA) for mitigation and management of the identified risk and should have policies approved by their senior management, controls and procedures in this regard. Further, the registered intermediaries shall monitor the implementation of the controls and enhance them if necessary.
• It is generally recognized that certain clients may be of a higher or lower risk category depending on the circumstances such as the client’s background, type of business relationship or transaction etc. As such, the NU shall apply each of the client due diligence measures on a risk sensitive basis. The basic principle enshrined in this approach is that the NU shall adopt an enhanced client due diligence process for higher risk categories of clients. Conversely, a simplified client due diligence process may be adopted for lower risk categories of clients. In line with the risk-based approach, the type and amount of identification information and documents that NU shall obtain necessarily depend on the risk category of a particular client.
• Further, low risk provisions shall not apply when there are suspicions of ML/FT or when other factors give rise to a belief that the customer does not in fact pose a low risk.

5.2 Risk Assessment

• NU shall carry out risk assessment to identify, assess and take effective measures to mitigate its money laundering and terrorist financing risk with respect to its clients, countries or geographical areas, nature and volume of transactions, payment methods used by clients, etc.
• The risk assessment carried out shall consider all the relevant risk factors before determining the level of overall risk and the appropriate level and type of mitigation to be applied. The assessment shall be documented, updated regularly and made available to competent authorities and self-regulating bodies, as and when required.
• The Stock Exchanges and NU shall identify and assess the ML/TF risks that may arise in relation to the development of new products and new business practices, including new delivery mechanisms, and the use of new or developing technologies for both new and existing products. The Stock Exchanges and NU shall ensure:

• a. To undertake the ML/TF risk assessments prior to the launch or use of such products, practices, services, technologies; and
• b. Adoption of a risk based approach to manage and mitigate the risks.

• The risk assessment shall also take into account any country specific information that is circulated by the Government of India and SEBI from time to time, as well as, the updated list of individuals and entities who are subjected to sanction measures as required under the various United Nations’ Security Council Resolutions.

Risk Based Client Categorization

• Each client will be marked into three categories, High Risk, Medium Risk and Low Risk from the point of view of the anti-money laundering laws. The categorization will be made based on the following parameters/factors of risk perception.

• 1. High Net-worth clients
• 2. Trusts/ NGOs / Charities receiving donations
• 3. Companies having close family shareholdings
• 4. (The above are considered of High Risk as per SEBI guidelines)

• The other parameters are nature of business activity, trading turnover, manner of making payment etc. Provision will be made in the back office software for noting this categorization. The high risk client will require regular KYC update.
• The clients will be placed under low, medium and high risk category based on their Turnover and ledger history. Corporates / HNIs having respectable social and financial standing.
• Clients who make the payment on time and take delivery of shares can be considered as Low risk clients. Intra-day clients or speculative clients whose turnover is not in line with the Financials declared as considered as Medium risk clients. Client doing large activity in Dormant Account, trading on a regular basis in illiquid scrips in large volume and quantity, those who have defaulted in the past and have suspicious background are to be considered as High Risk Category.

5.3 Monitoring of Transactions

• Regular monitoring of transactions is vital for ensuring effectiveness of the AML procedures. This is possible only if the intermediary has an understanding of the normal activity of the client so that it can identify deviations in transactions / activities.
• NU shall pay special attention to all complex unusually large transactions / patterns which appear to have no economic purpose. NU may specify internal threshold limits for each class of client accounts and pay special attention to transactions which exceeds these limits. The background including all documents/office records /memorandums/clarifications sought pertaining to such transactions and purpose thereof shall also be examined carefully and findings shall be recorded in writing. Further such findings, records and related documents shall be made available to auditors and also to SEBI/stock exchanges/FIU-IND/ other relevant Authorities, during audit, inspection or as and when required.
• The NU shall apply client due diligence measures also to existing clients on the basis of materiality and risk and conduct due diligence on such existing relationships appropriately. The extent of monitoring shall be aligned with the risk category of the client.
• NU shall ensure a record of the transactions is preserved and maintained in terms of Section 12 of the PMLA and that transactions of a suspicious nature or any other transactions notified under Section 12 of the Act are reported to the Director, FIU-IND. Suspicious transactions shall also be regularly reported to the higher authorities within the intermediary.
• Further, the compliance team of NU shall randomly examine a selection of transactions undertaken by clients to comment on their nature i.e. whether they are in the nature of suspicious transactions or not.

5.4 Suspicious Transaction Monitoring and Reporting

• Suspicious transactions involve funds which are derived from illegal activities or are transactions that are intended/ conducted in order to hide or disguise funds or assets derived from illegal activities (including, without limitation, the ownership, nature, source, location, or control of such funds or assets) as part of a plan to violate or evade any law or regulation or to avoid any transaction reporting requirement under the law;
• The transaction has no business or apparent lawful purpose or is not the sort in which the particular customer would normally be expected to engage, and the financial institution knows of no reasonable explanation for the transaction after examining the available facts, including the background and possible purpose of the transaction.
• Criteria giving rise to suspicion:

It is difficult to define exactly what constitutes suspicious transactions and as such given below is a list of circumstances where transactions may be considered to be suspicious in nature. This list is only inclusive and not exhaustive. Whether a particular transaction is actually suspicious or not will depend on the background, details of the transactions and other facts and circumstances.

• a) Complex /unusually large transactions/ patterns which appear to have no economic purpose.
• b) Client having suspicious background or links with known criminals.
• c) Clients whose identity verification seems difficult. E.g.

• a. False identification documents
• b. Identification documents which could not be verified within reasonable time
• c. Non face to face Client
• d. Doubt over the real beneficiary of the account
• e. Accounts opened with names very close to other established business entities.

• d) Client appears not to co-operate.
• e) Use of different accounts by Client alternatively
• f) Sudden activity in dormant accounts
• g) Multiple accounts
• h) Large number of account having a common account holder, authorized signatory with no rationale
• i) Unexplained transfers between multiple accounts with no rationale
• j) Asset management services for clients where the sources of funds is not clear or not in keeping with the clients’ apparent standing/business activity
• k) Substantial increase in business without apparent cause (Unusual activity compared to past transactions)
• l) Activity materially inconsistent with what would be expected from declared business

• a. Inconsistency with clients apparent financial standing
• b. In any account circular trading

• m) Unusual transactions by Clients of Special Category (CSCs) and business undertaken by shell corporations, offshore banks/financial services, businesses reported to be in the nature of export-import of small items
• n) A transaction which gives rise to a reasonable ground of suspicion that it may involve the proceeds of crime.
• o) A transaction which appears to be a case of insider trading
• p) Transactions that reflect likely market manipulations
• q) Suspicious off market transactions
• r) Value of transaction just under the reporting threshold amount in an apparent attempt to avoid reporting
• s) Inconsistency in the payment pattern by the client
• t) Trading activity in account of high risk clients based on their profile, business pattern and industry segment
• u) Accounts based as ‘passed through’. Where no transfer of ownership of securities or trading is occurred in the account and the account is being used only for funds transfers / layering purposes.
• v) Large deals at prices away from the market
• w) Suspicious off market transactions
• x) Purchases made in one client’s account and later on transferred to a third party through off market transactions through DP Accounts;
• y) Multiple transactions of value just below the threshold limit specified in PMLA so as to avoid possible reporting;

• NU shall ensure that appropriate steps are taken to enable suspicious transactions to be recognized and have appropriate procedures for reporting suspicious transactions. While determining suspicious transactions, NU shall be guided by the definition of a suspicious transaction contained in PML Rules as amended from time to time.
• A list of circumstances which may be in the nature of suspicious transactions is given below. This list is only illustrative and whether a particular transaction is suspicious or not will depend upon the background, details of the transactions and other facts and circumstances:

• a. Clients whose identity verification seems difficult or clients that appear not to cooperate;
• b. Asset management services for clients where the source of the funds is not clear or not in keeping with clients’ apparent standing /business activity;
• c. Clients based in high risk jurisdictions;
• d. Substantial increases in business without apparent cause;
• e. Clients transferring large sums of money to or from overseas locations with instructions for payment in cash;
• f. Attempted transfer of investment proceeds to apparently unrelated third parties;
• g. Unusual transactions by CSCs and businesses undertaken by offshore banks/financial services.

• Any suspicious transaction shall be immediately notified to the Designated/Principal Officer within the NU. The notification may be done in the form of a detailed report with specific reference to the clients, transactions and the nature /reason of suspicion. However, it shall be ensured that there is continuity in dealing with the client as normal until told otherwise and the client shall not be told of the report/ suspicion. In exceptional circumstances, consent may not be given to continue to operate the account, and transactions may be suspended, in one or more jurisdictions concerned in the transaction, or other action taken. The Designated/ Principal Officer and other appropriate compliance, risk management and related staff members shall have timely access to client identification data and CDD information, transaction records and other relevant information.
• It is likely that in some cases transactions are abandoned or aborted by clients on being asked to give some details or to provide documents. It is clarified that registered intermediaries shall report all such attempted transactions in STRs, even if not completed by clients, irrespective of the amount of the transaction.
• Point. No. 4.2 (iii) (f) of this Policy categorizes clients of high risk countries, including countries where existence and effectiveness of money laundering controls is suspect or which do not or insufficiently apply FATF standards, as ‘CSC’. NU are directed that such clients shall also be subject to appropriate counter measures. These measures may include a further enhanced scrutiny of transactions, enhanced relevant reporting mechanisms or systematic reporting of financial transactions, and applying enhanced due diligence while expanding business relationships with the identified country or persons in that country etc.

6. Record Management

6.1 Information to be maintained

• NU are required to maintain and preserve the following information in respect of transactions referred to in Rule 3 of PML Rules:

• i. the nature of the transactions;
• ii. the amount of the transaction and the currency in which it is denominated;
• iii. the date on which the transaction was conducted; and
• iv. the parties to the transaction.

6.2 Record Keeping

• NU shall ensure compliance with the record keeping requirements contained in the SEBI Act, 1992, Rules and Regulations made thereunder, PMLA as well as other relevant legislation, Rules, Regulations, Exchange Byelaws and Circulars.
• NU shall maintain such records as are sufficient to permit reconstruction of individual transactions (including the amounts and types of currencies involved, if any) so as to provide, if necessary, evidence for prosecution of criminal behaviour.
• In case of any suspected laundered money or terrorist property, the competent investigating authorities would need to trace through the audit trail for reconstructing a financial profile of the suspect account. To enable this reconstruction, registered intermediaries shall retain the following information for the accounts of their clients in order to maintain a satisfactory audit trail:

• i. the beneficial owner of the account;
• ii. the volume of the funds flowing through the account; and
• iii. for selected transactions:

• a. the origin of the funds
• b. the form in which the funds were offered or withdrawn, e.g. cheques, demand drafts etc.
• c. the identity of the person undertaking the transaction;
• d. the destination of the funds;
• e. the form of instruction and authority.

• NU shall ensure that all client and transaction records and information are available on a timely basis to the competent investigating authorities. Where required by the investigating authority, they shall retain certain records, e.g. client identification, account files, and business correspondence, for periods which may exceed those required under the SEBI Act, Rules and Regulations framed thereunder PMLA, other relevant legislations, Rules and Regulations or Exchange byelaws or circulars.
• More specifically, NU shall put in place a system of maintaining proper record of the nature and value of transactions which has been prescribed under Rule 3 of PML Rules as mentioned below:

• i. all cash transactions of the value of more than 10 lakh rupees or its equivalent in foreign currency;
• ii. all series of cash transactions integrally connected to each other which have been individually valued below rupees 10 lakh or its equivalent in foreign currency where such series of transactions have taken place within a month and the monthly aggregate exceeds an amount of ten lakh rupees or its equivalent in foreign currency;

It may, however, be clarified that for the purpose of suspicious transactions reporting, apart from ‘transactions integrally connected’, ‘transactions remotely connected or related’ shall also be considered.

• iii. all cash transactions where forged or counterfeit currency notes or bank notes have been used as genuine or where any forgery of a valuable security or a document has taken place facilitating the transactions;
• iv. all suspicious transactions whether or not made in cash and including, inter-alia, credits or debits into or from any non-monetary account such as demat account, security account maintained by the NU.

• Where the registered entity does not have records of the identity of its existing clients, it shall obtain the records forthwith, failing which the registered intermediary shall close the account of the clients after giving due notice to the client.

Explanation: For this purpose, the expression “records of the identity of clients” shall include updated records of the identification date, account files and business correspondence and result of any analysis undertaken under Rules 3 and 9 of the PML Rules.

6.3 Retention of Records

• NU shall take appropriate steps to evolve an internal mechanism for proper maintenance and preservation of such records and information in a manner that allows easy and quick retrieval of data as and when requested by the competent authorities. Further, the records mentioned in Rule 3 of PML Rules have to be maintained and preserved for a period of maximum 8 years from the date of transactions between the client and intermediary.
• Records evidencing the identity of its clients and beneficial owners as well as account files and business correspondence shall be maintained and preserved for a period of maximum 8 years after the business relationship between a client and intermediary has ended or the account has been closed, whichever is later.
• In situations where the records relate to on-going investigations or transactions which have been the subject of a suspicious transaction reporting, they shall be retained until it is confirmed that the case has been closed.
• NU shall maintain and preserve the records of information related to transactions, whether attempted or executed, which are reported to the Director, FIU – IND, as required under Rules 7 and 8 of the PML Rules, for a period of maximum 8 years from the date of the transaction between the client and the intermediary.

7. Employees Hiring, Employees Training and Monitoring

7.1 Hiring of Employees

• 1. The Department Heads shall be involved in hiring of new employees, shall adequately carry out the screening procedure in place to ensure high standards in hiring new employees.
• 2. Bona fides of employees are checked to ensure that the employees do not have any link with terrorist or other anti-social organizations.
• 3. Reference of candidate: – Candidate having reference would be called for the interview. In case of employee having applied through newspaper would be called for the interview after scrutinizing his/her bio-data.
• 4. Background of the candidate: – Background of the employee should be clean & under no circumstances candidate who has left earlier employer due to dispute should be selected.
• 5. Third party verification of candidate:- If necessary third party verification should be done by making phone call.
• 6. Experience: – Candidate should have to appear for the skilled test depending on the exposure.
• vii. Candidate should be aware for PMLA 2002 guidelines. Proper training should be given if he/she is not aware.

7.2 Training on prevention of Money Laundering

The registered intermediaries shall have an ongoing employee training programme so that the members of the staff are adequately trained in AML and CFT procedures. Training requirements shall have specific focuses for frontline staff, back office staff, compliance staff, risk management staff and staff dealing with new clients. It is crucial that all those concerned fully understand the rationale behind these directives, obligations and requirements, implement them consistently and are sensitive to the risks of their systems being misused by unscrupulous elements.

7.3 Monitoring Employee Conduct and Accounts

We will subject employee Accounts to the same AML procedures as customer accounts, under the supervision on the Principal Officer. We will also review the AML performance of supervisors as part of their annual performance review. The Principal Officer’s Accounts will be reviewed by the Board of Directors.

8. Investor Education

Implementation of AML/CFT measures requires NU to demand certain information from investors which may be of personal nature or has hitherto never been called for. Such information can include documents evidencing source of funds/income tax returns/bank records etc. This can sometimes lead to raising of questions by the client with regard to the motive and purpose of collecting such information. There is, therefore, a need for NU to sensitize their clients about these requirements as the ones emanating from AML and CFT framework. NU shall prepare specific literature/ pamphlets etc. so as to educate the client of the objectives of the AML/CFT programme.

9. Procedure for freezing of funds, financial assets or economic resources or related services

NU ensures that in terms of Section 51A of the Unlawful Activities (Prevention) Act, 1967 (UAPA) and amendments thereto, we not have any accounts in the name of individuals/entities appearing in the lists of individuals and entities, suspected of having terrorist links, which are approved by and periodically circulated by the United Nations Security Council (UNSC).

In order to ensure expeditious and effective implementation of the provisions of Section 51A of UAPA, Government of India has outlined a procedure through an order dated February 02, 2021 for strict compliance. These guidelines have been further amended vide a Gazette Notification dated June 08, 2021. Corrigendum dated March 15, 2023 and April 22, 2024 have also been issued in this regard. The list of Nodal Officers for UAPA is available on the website of MHA.

10. Procedure for implementation of Section 12A of the Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005 — Directions to stock exchanges and registered intermediaries

The Government of India, Ministry of Finance has issued an order dated January 30, 2023 vide F. No. P-12011/14/2022-ES Cell-DOR (“the Order”) detailing the procedure for implementation of Section 12A of the Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005 (“WMD Act”).

In terms of Section 12A of the WMD Act, the Central Government is empowered as under:

(2) For prevention of financing by any person of any activity which is prohibited under the WMD Act, or under the United Nations (Security Council) Act, 1947 or any other relevant Act for the time being in force, or by an order issued under any such Act, in relation to weapons of mass destruction and their delivery systems, the Central Government shall have power to—

• (a) Freeze, seize or attach funds or other financial assets or economic resources—

• (i) owned or controlled, wholly or jointly, directly or indirectly, by such person; or
• (ii) held by or on behalf of, or at the direction of, such person; or
• (iii) derived or generated from the funds or other assets owned or controlled, directly or indirectly, by such person;

• (b) prohibit any person from making funds, financial assets or economic resources or related services available for the benefit of persons related to any activity which is prohibited under the WMD Act, or under the United Nations (Security Council) Act, 1947 or any other relevant Act for the time being in force, or by an order issued under any such Act, in relation to weapons of mass destruction and their delivery systems.

(3) The Central Government may exercise its powers under this section through any authority who has been assigned the power under sub-section (1) of section 7.

NU comply with the procedure laid down in the said Order. NU shall:

• i. Maintain the list of individuals/entities (“Designated List”) and update it, without delay, in terms of paragraph 2.1 of the Order;
• ii. verify if the particulars of the entities/individual, party to the financial transactions, match with the particulars of the Designated List and in case of match, NU shall not carry out such transaction and shall immediately inform the transaction details with full particulars of the funds, financial assets or economic resources involved to the Central Nodal Officer (“CNO”), without delay. The details of the CNO are as under:

• iii. run a check, on the given parameters, at the time of establishing a relation with a client and on a periodic basis to verify whether individuals and entities in the Designated List are holding any funds, financial assets or economic resources or related services, in the form of bank accounts, stocks, insurance policies etc. In case, the clients’ particulars match with the particulars of Designated List, NU shall immediately inform full particulars of the funds, financial assets or economic resources or related services held in the form of bank accounts, stocks or insurance policies etc., held on their books to the CNO, without delay;
• iv. send a copy of the communication, mentioned in paragraphs above, without delay, to the Nodal Officer of SEBI. The communication shall be sent to SEBI through post and through email ([email protected]) to the Nodal Officer of SEBI, Deputy General Manager, Division of FATF, Market Intermediaries Regulation and Supervision Department, Securities and Exchange Board of India, SEBI Bhavan II, Plot No. C7, “G” Block, Bandra Kurla Complex, Bandra (E), Mumbai 400 051;
• v. prevent such individual/entity from conducting financial transactions, under intimation to the CNO, without delay, in case there are reasons to believe beyond doubt that funds or assets held by a client would fall under the purview of Section 12A (2)(a) or Section 12A(2)(b) of the WMD Act;
• vi. file a Suspicious Transaction Report (STR) with the FIU-IND covering all transactions in the accounts, covered under paragraphs 59(ii) and (iii) above, carried through or attempted through.

Upon the receipt of the information above, the CNO would cause a verification to be conducted by the appropriate authorities to ensure that the individuals/entities identified are the ones in the Designated List and the funds, financial assets or economic resources or related services, reported are in respect of the designated individuals/entities. In case, the results of the verification indicate that the assets are owned by, or are held for the benefit of, the designated individuals/entities, an order to freeze these assets under section 12A would be issued by the CNO and be conveyed to the concerned reporting entity so that any individual or entity may be prohibited from making any funds, financial assets or economic resources or related services available for the benefit of the designated individuals/entities.

NU shall also comply with the provisions regarding exemptions from the above orders of the CNO and inadvertent freezing of accounts, as may be applicable.

11. List of Designated Individuals / Entities

The Ministry of Home Affairs, in pursuance of Section 35(1) of UAPA 1967, declares the list of individuals/entities, from time to time, who are designated as ‘Terrorists’. NU take note of such lists of designated individuals/terrorists, as and when communicated by SEBI.

All orders under section 35 (1) and 51A of UAPA relating to funds, financial assets or economic resources or related services, circulated by SEBI from time to time shall be taken note of for compliance.

An updated list of individuals and entities which are subject to various sanction measures such as freezing of assets/accounts, denial of financial services etc., as approved by the Security Council Committee established pursuant to various United Nations’ Security Council Resolutions (UNSCRs) can be accessed at its website at https://press.un.org/en/content/press-release. The details of the lists are as under:

• i. The “ISIL (Da’esh) & Al-Qaida Sanctions List”, which includes names of individuals and entities associated with the Al-Qaida. The updated ISIL & Al-Qaida Sanctions List is available at: https://www.un.org/securitycouncil/sanctions/1267/press-releases;
• ii. The list issued by United Security Council Resolutions 1718 of designated Individuals and Entities linked to Democratic People’s Republic of Korea www.un.org/securitycouncil/sanctions/1718/press-releases.

NU ensures that accounts are not opened in the name of anyone whose name appears in said list and continuously scan all existing accounts to ensure that no account is held by or linked to any of the entities or individuals included in the list.

NU maintains updated designated lists in electronic form and run a check on the given parameters on a regular basis to verify whether the designated individuals/entities are holding any funds, financial assets or economic resources or related services held in the form of securities with them.

NU does have tool for effective implementation of name screening to meet the sanctions requirements.

NU shall also file a Suspicious Transaction Report (STR) with FIU-IND covering all transactions carried through or attempted in the accounts covered under the list of designated individuals/entities under Section 35 (1) and 51A of UAPA.

Full details of accounts bearing resemblance with any of the individuals/entities in the list shall immediately be intimated to the Central [designated] Nodal Officer for the UAPA, at Fax No. 011-23092551 and also conveyed over telephone No. 011-23092548. The particulars apart from being sent by post shall necessarily be conveyed on email id: [email protected].

NU shall also send a copy of the communication mentioned above to the UAPA Nodal Officer of the State/UT where the account is held and to SEBI and FIU-IND, without delay. The communication shall be sent to SEBI through post and through email ([email protected]) to the UAPA nodal officer of SEBI, Deputy General Manager, Division of FATF, Market Intermediaries Regulation and Supervision Department, Securities and Exchange Board of India, SEBI Bhavan II, Plot No. C7, “G” Block, Bandra Kurla Complex, Bandra (E), Mumbai 400 051. The consolidated list of UAPA Nodal Officers is available at the website of Government of India, Ministry of Home Affairs.

12. Jurisdictions that do not or insufficiently apply the FATF Recommendations

FATF Secretariat after conclusion of each of it’s plenary, releases public statements and places jurisdictions under increased monitoring to address strategic deficiencies in their regimes to counter money laundering, terrorist financing, and proliferation financing risks. In this regard, FATF Statements circulated by SEBI from time to time, and publicly available information, for identifying countries, which do not or insufficiently apply the FATF Recommendations, shall be considered by the registered intermediaries.

NU shall take into account the risks arising from the deficiencies in AML/CFT regime of the jurisdictions included in the FATF Statements. However, the NU is not precluded from having legitimate trade and business transactions with the countries and jurisdictions mentioned in the FATF statements.

13. Reporting to Financial Intelligence Unit-India

In terms of the PML Rules, NU shall report information relating to cash and suspicious transactions to the Director, Financial Intelligence Unit-India (FIU-IND) at the following address:

14. Designation of officers for ensuring compliance with provisions of PMLA — Appointment of a Principal Officer

To ensure that the NU properly discharge their legal obligations to report suspicious transactions to the authorities, the Principal Officer would act as a central reference point in facilitating onward reporting of suspicious transactions and for playing an active role in the identification and assessment of potentially suspicious transactions and shall have access to and be able to report to senior management at the next reporting level or the Board of Directors. Names, designation and addresses (including email addresses) of ‘Principal Officer’ including any changes therein shall also be intimated to the Office of the Director-FIU-IND. In terms of Rule 2 (f) of the PML Rules, the definition of a Principal Officer reads as under:

Principal Officer means an officer designated by a registered intermediary; Provided that such officer shall be an officer at the management level.

Appointment of Designated Director

• In addition to the existing requirement of designation of a Principal Officer, the registered intermediaries shall also designate a person as a ‘Designated Director’. In terms of Rule 2 (ba) of the PML Rules, the definition of a Designated Director reads as under:
• “Designated director means a person designated by the reporting entity to ensure overall compliance with the obligations imposed under chapter IV of the Act and the Rules and includes –

• a) the Managing Director or a Whole-Time Director duly authorized by the Board of Directors if the reporting entity is a company,
• b) the managing partner if the reporting entity is a partnership firm,
• c) the proprietor if the reporting entity is a proprietorship firm,
• d) the managing trustee if the reporting entity is a trust,
• e) a person or individual, as the case may be, who controls and manages the affairs of the reporting entity if the reporting entity is an unincorporated association or a body of individuals, and
• f) such other person or class of persons as may be notified by the Government if the reporting entity does not fall in any of the categories above”.

• In terms of Section 13 (2) of the PMLA, the Director, FIU – IND can take appropriate action, including levying monetary penalty, on the Designated Director for failure of the intermediary to comply with any of its AML/CFT obligations.
• Registered intermediaries shall communicate the details of the Designated Director, such as, name designation and address to the Office of the Director, FIU – IND.

NU Shall adhere to the following:

• i. The Cash Transaction Report (CTR) (wherever applicable) for each month shall be submitted to FIU-IND by 15th of the succeeding month;
• ii. The Suspicious Transaction Report (STR) shall be submitted within 7 days of arriving at a conclusion that any transaction, whether cash or non-cash, or a series of transactions integrally connected are of suspicious nature. The Principal Officer shall on being satisfied that the transaction is suspicious, furnish the information promptly in writing by fax or by electronic mail to the Director in respect of transactions referred to in clause (D) of sub-rule (1) of rule 3 of the PML Rules. The Principal Officer shall record his reasons for treating any transaction or a series of transactions as suspicious. It shall be ensured that there is no undue delay in arriving at such a conclusion;
• iii. The Non Profit Organization Transaction Reports (NTRs) for each shall be submitted to FIU-IND by 15th of the succeeding month;
• iv. The Principal Officer will be responsible for timely submission of CTR, STR and NTR to FIU-IND;
• v. Utmost confidentiality shall be maintained in filing of CTR, STR and NTR to FIU-IND;
• vi. No NIL reporting needs to be made to FIU-IND in case there are no cash/ suspicious/non-profit organization transactions to be reported;
• vii. “Non-profit organization” means any entity or organisation, constituted for religious or charitable purposes referred to in clause (15) of section 2 of the Income-tax Act, 1961 (43 of 1961), that is registered as a trust or a society under the Societies Registration Act, 1860 (21 of 1860) or any similar State legislation or a Company registered under the section 8 of the Companies Act, 2013 (18 of 2013);
• viii. NU, its Directors, officers and all employees shall ensure that the fact of maintenance referred to in Rule 3 of PML Rules and furnishing of information to the Director is kept confidential.
• ix. Provided that nothing in this rule shall inhibit sharing of information under Rule 3A of PML Rules of any analysis of transactions and activities which appear unusual, if any such analysis has been done.
• x. NU shall not put any restrictions on operations in the accounts where an STR has been made. NU and their directors, officers and employees (permanent and temporary) shall be prohibited from disclosing (“tipping off”) the fact that a STR or related information is being reported or provided to the FIU-IND. This prohibition on tipping off extends not only to the filing of the STR and/ or related information but even before, during and after the submission of an STR. Thus, it shall be ensured that there is no tipping off to the client at any level.
• i. It is clarified that the NU, irrespective of the amount of transaction and/or the threshold limit envisaged for predicate offences specified in part B of Schedule of PMLA, 2002, shall file STR if they have reasonable grounds to believe that the transactions involve proceeds of crime.
• ii. It is further clarified that “proceeds of crime” include property not only derived or obtained from the scheduled offence but also any property which may directly or indirectly be derived or obtained as a result of any criminal activity relatable to the scheduled offence.

Confidentiality requirement does not inhibit information sharing among entities in the group.

Review of the PMLA Policy & Procedures: The policy shall be reviewed annually as and when required by the Management and also implement the change after any change in the Anti Money Laundering Act 2002 or change in any other act, bye-laws, rules, regulations of SEBI or in any statutory and regulatory government department related to or affect to this.

This policy has been considered and adopted by the Board of Directors of the Company.