Skip to content

Guide

AML / CFT obligations of reporting entities

KYC, beneficial ownership, record-keeping and suspicious-transaction reporting under the PMLA — a working outline for entities that ask a Chartered Accountant to look at the file.

The Prevention of Money-laundering Act, 2002, and the rules and FIU-IND guidance under it, impose a programme — not a poster — on reporting entities. Banks are the familiar case. Jewellers, real-estate intermediaries, certain payment operators, and specified professionals doing specified activities have been brought in by notification over time. The first professional question is whether the person is a reporting entity at all.

The core duties

  • Client identification and verification — KYC that is current, not a photocopy taken in 2014.
  • Beneficial-ownership identification, especially for companies, firms and trusts.
  • Ongoing due diligence, not only onboarding.
  • Record-keeping for the prescribed period.
  • Reporting of prescribed transactions and of suspicious transactions to FIU-IND, in the time allowed.
  • An internal policy, a designated director / principal officer, and training that can be evidenced.

What a CA is usually asked to do

To write or review the policy, to sample KYC files, to see whether beneficial owners of company clients have actually been identified, and — on an audit — to test whether the programme operates. This is not a certification that no money-laundering has occurred. It is an examination of a control system.

See AML / CFT and who is a reporting entity.

Scroll to Top