Know Your
Customer (KYC) Norms/Anti-Money Laundering (AML) Measures/Combating of
Financing of Terrorism (CFT)/Obligations of banks under PMLA, 2002
The
objective of KYC/AML/CFT guidelines is to prevent banks from being used,
intentionally or unintentionally, by criminal elements for money laundering or
terrorist financing activities. KYC procedures also enable banks to
know/understand their customers and their financial dealings better which in
turn help them manage their risks prudently.
Definition
of Customer
For the purpose of KYC policy, a ‘Customer’ is defined as:
- A person or entity
that maintains an account and/or has a business relationship with the
bank.
- One on whose
behalf the account is maintained (i.e. the beneficial owner). [ Ref:
Government of India Notification dated February 12, 2010 - Rule 9,
sub-rule (1A) of PMLA Rules - ' Beneficial Owner' means the natural person
who ultimately owns or controls a client and or the person on whose behalf
a transaction is being conducted, and includes a person who exercise
ultimate effective control over a juridical person ].
- Beneficiaries of
transactions conducted by professional intermediaries, such as Stock
Brokers, Chartered Accountants, Solicitors etc. as permitted under the
law.
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- Any person or
entity connected with a financial transaction which can pose significant
reputational or other risks to the bank, say, a wire transfer or issue of
a high value demand draft as a single transaction.