KNOW YOUR CLIENTS
Basics about PMLA
What is Money Laundering?
Money laundering broadly means the conversion or "Laundering" of money that is illegally obtained, so as to make it appear to have originated from a legitimate source. It was originally used in the context of terrorist, criminal, smuggling and drug-dealing activities. In a wider context, tax-evaded money is also covered.
What is the Prevention of Money Laundering Act (PMLA)?
As part of a global initiative, a Financial Action Task Force ("FATF") was created to help member countries draw up Anti-Money Laundering ("AML") legislation which would help implement the policies, techniques and counter-measures to combat money laundering. In India, The Prevention of Money Laundering Act, 2002 ("PMLA") was created under the aegis of FATF. The PMLA forms the core of the legal framework put in place by India to combat money laundering to be followed by banking companies, financial institutions and intermediaries by administering KYC and other reporting requirements such as suspicious transactions reporting, etc
What is FIU?
The Government of India set up Financial Intelligence Unit – India (FIU-IND) on18th November 2004 as an independent body to report directly to the Economic Intelligence Council (EIC) headed by the Finance Minister. FIU-IND has been established 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 and enforcement agencies in pursuing the global efforts against money laundering and related crimes.
Are Mutual Fund Investors also covered by PMLA?
Yes, the PMLA covers all Financial Intermediaries, and this includes Mutual Funds. As such, all investors are required to submit necessary documentation that will help the Mutual funds complete the KYC procedure.
KYC formalities
What is KYC?
KYC is an acronym for “Know your Customer”, a term commonly used for Customer Identification Process. SEBI has prescribed certain requirements relating to KYC norms for Financial Institutions and Financial Intermediaries including Mutual Funds to ‘know’ their customers. This could be in the form of verification of PAN Number, identity and address, financial status, occupation and such other personal information.
What are the KYC requirements for a Mutual Fund Investor?
An Individual investor will have to produce copy of his PAN card as proof-of-identity and a separate document as proof-of-address. Non-Individual Investors will have to produce certain documents pertaining to their constitution / registration to fulfill the KYC process. A list of documents to be submitted can be found on the reverse of the KYC application form.
Why am I asked to prove my identity, if I have done no wrong?
As has been discovered in some terrorist acts such as the 9/11 bombings in New York or the attack on our Parliament in Delhi, white collared crime has arrived. Seemingly innocent people have been involved. It is also observed that had the checks, as now proposed by the PMLA, been in place, the detection or even pre-emption of the crime could have been possible. In this context, you will appreciate that providing your identity / address proof and information about your occupation and financial status will only help the Government in isolating the few who are involved in money laundering.
All this seems quite scary. Do I need to take any precautions?
Yes. You should be prudent in your money matters, just as you are in following some rules such as – say – not carrying unknown articles from unknown persons when you are traveling across cities. You should not receive or pay money on behalf of others, unless it is for a genuine transaction in which you have participated. You should also take care that you only deal with known individuals or companies which are registered with or regulated by SEBI, RBI, etc for all financial transactions. Please also ensure that you fill in forms completely and strike out any portions which you do not use or need.
Is KYC compliance required for a minor attaining majority?
Upon a minor attaining the age of majority (on completion of 18 years of age), he/she must complete the KYC process in his/her own name. The acknowledgement received should be registered with the mutual funds where he/she holds investments, along with other Bank Details, Signature, etc as per the requirements of the Mutual Fund.
What is CKYC?
CKYC refers to Central KYC (Know Your Customer), an initiative of the Government of India. The aim of this initiative is to have a structure in place which allows investors to complete their KYC only once before interacting with various entities across the financial sector. CKYC will be managed by CERSAI (Central Registry of Securitization Asset Reconstruction and Security Interest of India), which is authorized by Government of India to function as the Central KYC Registry (CKYCR). The objective of CKYCR is to reduce the burden of producing KYC documents and getting those verified every time when the investor deals with a financial entity for the first time. Thus, CKYCR will act as centralized repository of KYC records of investors in the financial sector with uniform KYC norms and inter-usability of the KYC records across the sector.
What is CERSAI?
Central Registry of Securitization Asset Reconstruction and Security Interest (CERSAI) is a central online security interest registry of India authorized by the Government of India to act as and to perform the functions of the Central KYC Records Registry under the PMLA (Prevention of Money-Laundering) rules 2005, including receiving, storing, safeguarding and retrieving the KYC records in the digital form for a client.
What is the difference between KYC, eKYC and CKYC?
KYC – is the known and regular process in the Mutual Fund industry whereby the identity of an investor is verified based on written details submitted by him / her on a form, supplemented by an In Person Verification (IPV) process. Once the verification is done successfully, the relevant investor data is entered into the KRA Registration Agency (KRA) system and subsequently uploaded to their database.
eKYC – is KYC done with the help of a investor’s Aadhaar number. While completing the eKYC, the authentication of the investor’s identity can be done:
- Via One Time Password (Limits investments to Rs 50,000 per year per mutual funds and mandates investments via the online electronic mode) 3
- Via Biometrics (No limits on the investment amount here unless those specifically imposed by the scheme / Fund House)
This data is uploaded into the records of the KRA.
CKYC – is an initiative of the Government of India where the aim is to have a structure in place which allows investors to do their KYC only once. CKYC compliance will allow an investor to transact / deal with all entities governed / regulated by Government of India / Regulator (RBI, SEBI, IRDA and PFRDA) without the need to complete multiple KYC formalities which is an inconvenience / hindrance as of now. It will allow for larger market participation by investors, easing their journey on the financial highway. The CKYC processing is handled by CERSAI.
Is the information that is currently sought on the current KYC form and the new CKYC form, the same?
No. CKYC requires additional information (for e.g. – investor’s maiden name, mother’s name, FATCA information etc) to be collected and submitted to CERSAI for completion of the CKYC formalities of an investor.
Why are there so many ways of doing KYC? What are the intent / purpose behind this?
Money laundering has become a big problem worldwide threatening the stability of various regions by actively supporting and strengthening terrorist networks and criminal organizations. The links between money laundering, organized crime, drug trafficking and terrorism pose a risk to all financial institutions. This means that we need to know and understand our investors in a much better manner that ever before.
With this in mind, the Government / Regulatory Bodies are introducing new and novel ways, enabling people to complete their KYC formalities in a quick and convenient manner. The targeted aim is to ensure that an investor does his / her KYC formalities only once, post which the focus for the investor can subsequently shift towards the actual dealing with the financial institutions.
What is ‘KYC Identification Number’?
KYC Identification Number (KIN) is a 14 digit number allotted by CERSAI to an investor who has completed his / her CKYC formalities. This number should be mentioned each time the CKYC details are required to be accessed by any intermediary.
From when is the CKYC applicable and what procedure do I need to follow?
CKYC compliance is applicable for investments received from February 1, 2017 onwards. You need to note the following:
- New investors (investors who are not KRA compliant or CVL KYC compliant) will have to mandatorily submit the CKYC form along with the investment application. If the investor has filled the KRA application form in lieu of CKYC form, he will have to additionally submit the Supplementary CKYC form along with the KYC application form.
- Existing investors (investors who are KRA compliant) can continue making investments without any additional requirements.
Is CKYC compliance mandated for all categories of investors?
No. Currently, CKYC is applicable only to Individuals (both Resident Individuals and Non-Resident Individuals (NRIs)).
What are the documents to be submitted for completion of CKYC formalities?
You need to submit the following documents:
- Duly filled and signed CKYC application form OR KRA application form + Supplementary CKYC form
- One proof of Identity (self-attested copy)
- One proof of Address (self-attested copy)
- One photograph
Please elaborate on the documents to be submitted as proof for the information provided on the CKYC form.
You need to submit both proofs of identity as well as address.
For identity proof, you may submit any one document - PAN/ passport / voter ID/ driving license / Aadhaar card / NREGA job card / any other document notified by central government.
For address proof, you may use the same proofs as submitted as identity proof (except the PAN, since that does not specify the address). If your permanent address is different from the correspondence address, then you need to submit proof for both the addresses.
Copies of all documents that are submitted need to be compulsorily self-attested by the applicant and accompanied by originals for verification. In case the original of any document is not produced for verification, then the copies should be properly attested by entities authorized for attesting the documents. For more details, please refer to the “instructions / guidelines” over-leaf on CKYC / Supplementary CKYC form.
Is date of birth mandatory to be provided for CKYC compliance?
Yes, the date of birth is mandatory information required for processing of your CKYC application.
How would I know that my CKYC application is successful?
KIN is being allotted by CERSAI to investors whose CKYC application is found to be valid. An SMS / email will be Sent by CERSAI to the registered mobile number of the investor as soon as the KIN is generated at their end. Since CERSAI will not be sending any physical intimation, applicants should ideally provide their mobile number and/or email ID in the CKYC application form. 5
I do not have an email ID / mobile number. How will the KIN be informed to me?
Upon generation of a KIN, CERSAI as a process will communicate the same vide SMS / email provided on the CKYC form. In the absence of both the details, no communication will be sent by CERSAI. Such an investor needs to contact the entity to which the CKYC application form was submitted. You need to provide the details of the supporting documents (for e.g. if PAN copy was submitted as identity proof, then you would need to provide the PAN) that were submitted to the said entity. It is advisable that you provide an email ID / mobile number on the CKYC form so that you do not miss out on any important communication sent by CERSAI.
If my CKYC application is rejected / fails, will I be informed about the same?
If the CKYC application is not processed / rejected for some reason, no intimation will be sent to the applicant from CERSAI. The entity processing your CKYC application will be aware of such rejections and can approach in case of any queries.
Is CERSAI responsible for validation of investor data?
CERSAI will verify the details as against the supporting documents submitted by investor. However, the onus of completing the CKYC of a customer properly and correctly lies with the entity processing the CKYC.
How do I check the CKYC status online?
Currently, such an option is not available. If the investor is allotted the KIN, it is confirmation that the investor is CKYC compliant.
I have already obtained a KIN. Do I need to submit any more documents for CKYC compliance?
Investors who are already allotted a KIN are considered as CKYC compliant. Such investors do not need to submit any more documents for CKYC compliance. However, please ensure to keep the KIN details readily available as it needs to be mentioned on the application form at the time of investing.
Within how many days will I receive the KIN?
The KIN will be allotted by CERSAI within 4 – 5 working days.
Exceptions on documents required
I work in the Indian Army what are the acceptable documents as proof of address?
For Individuals with an Army Address (’56 APO’), Letter from Commanding Officer / Photo copy of Army Id card duly attested can be accepted as proof of address.
What are the valid documents as Proof of Identity?
Only a PAN card is a valid document for Proof of Identity.
I have printed my Bank Statement online which contains my address. Can I use it as a valid Proof of Address?
Bank/DP statements provided as proof of address must be on the letterhead of the Bank/DP. If not, they should carry the stamp of the bank and signature of an authorised person. Statements printed on plain stationery without the Bank/DP stamp and signature are not acceptable as a valid proof of address.
My Passport is expiring this month. Will it cause any problem in getting a KYC acknowledgement?
When documents such as Passports, Driving Licenses, etc carrying an expiry date are submitted as proof of address, the document must be current on the date of submission.
I haven’t received my latest Bank Statement. Can I use my last statement which was sent out 3 months before?
Electricity /Telephone bill, Bank passbook, Bank statement, Demat account statement submitted as proof of address should not be more than 3 months old as on the date of submission.
I cannot sign, will you accept a KYC application carrying Thumb impression?
KYC applications carrying thumb impression in lieu of signature can be accepted, provided the thumb impression is attested by a Notary or a Gazetted officer.
If the documents are in vernacular language, do I need to get a translated version in English?
If your proof of address document is in vernacular language, you will need to have the same translated into English and attested prior to submission.
Who are the attesting authorities?
Wherever attested copies are provided, attestation should be in original done by a Notary / Judicial Authority or a Bank manager of a Scheduled commercial bank / Multi national Bank (Excluding Grameen and Co-operative banks) can be accepted. Attestations by SEO, Police Inspector are not acceptable. Please ensure the attested copy carries the name, address, designation and seal / stamp of the attesting authority.
My name is spelt as John King on the PAN card, whereas I have given my name as John K with Mutual Fund. Will my application be rejected?
While the Mutual Fund will make every effort to ensure they accept applications with minor name variations (such as expanded initials, etc) this can only be determined on a case to case basis.
How will I know that the KYC compliance is registered in a Mutual fund?
KYC compliance for an investor in the folio will reflect in the account statement as “KYC Registered”.
NRI / PIO FAQs
Are there any special requirements for an NRI?
In addition to the certified true copy of the passport, certified true copy of the proof of overseas address and permanent address will also be required. The documents can be attested by a Consular Officer or an authorized official of overseas branches of scheduled commercials banks registered in India.
Apart from this, if any of the documents (including attestations / certifications) towards proof of identity or address are in a foreign language, please have them translated into English before submission.
I am an NRI living abroad. What documents are valid as Proof of Identity?
In case of an NRI, identity documents are a Passport and PAN card. This is mandatory and other documents such as driver’s license, electricity bill, bank statement etc. cannot be accepted.
I am a Person of Indian Origin (PIO). What documents are acceptable as Proof of Identity?
In case of PIOs, Identity document is a copy of the PIO card and PAN Card. The alternatives in lieu of a PIO card are
- Copy of OCI card OR
- Copy of foreign passport with place of birth as India OR
- Indian passport copy of Self / Parents/ Grandparents (with proof of relationship) OR
- Documents issued by a Government authority specifying place of birth as India
What is a valid Proof of address for NRI/PIO?
Documents for Address proof for NRIs/PIOs can be any document issued by local authority for Eg: Bank statements or Utility bills or driving license issued in your country of residence. Notarization/Attestation of such documents can be performed by any local authority in the country or the Consulate of the Republic of India or bank branches of scheduled commercial banks registered in India and Multinational banks in the country where the NRI / PIO resides.
NRI’s / PIO must provide their overseas address along with proof of such overseas address in the KYC application form. An address in India is not mandatory for NRIs / PIOs.
I am an existing NRI investor in a Mutual Fund. I have given my local address for correspondence. Can I continue to transact the same way?
Existing NRI / PIO investors who have provided only their local address must provide their overseas address as part of the KYC process.
My husband/Father/Partner is an NRI / PIO. I do not have a valid Proof of address in my name, but I hold investments with a Mutual Fund. How do I proceed with KYC?
Spouses / Children / Dependents of an NRI/PIO who do not have a proof of address can produce the proof of address of the sponsoring husband / parent with documents supporting the relationship such as marriage certificate/Visa, etc.
In case you desire to register an address in India for communication you must provide proof of address in your own name or that of an immediate relative with an additional document evidencing the direct relationship with such person i.e. Parent/Spouse/Child.
I live in UAE where post is delivered to a PO Box. Do you consider this a valid address for KYC?
A PO Box Address is adequate provided you can also provide us Proof for such PO Box such as bank statements, Telephone bills etc. carrying this PO Box address
I am an NRI who works for Merchant Navy. I do not hold an overseas address proof. What is the valid Proof of Address?
In case of Merchant Navy NRI’s, where overseas address proof is not available, please provide your local address in India with proof, along with a notarized copy of your Mariners’ declaration or CDC (Continuous Discharge Certificate)
I am an NRI as I frequently stay abroad, but I do not have any valid address proof overseas. What will be acceptable as Proof of Address?
Investor’s who travel frequently by nature of their profession and stay away in foreign countries in company’s accommodation or hotels (who become NRI and do not have a permanent address) but have a residential address in India, may provide such Indian address with proof. In addition, please also provide a letter of confirmation from your employer / business on company letterhead as an additional proof of address.
I invest in my minor child’s name? Do I need to get a KYC acknowledgement for my minor child as well?
KYC compliance is not mandatory for minors. The guardian must be KYC compliant.
Should I give the company proof of address on a letterhead?
All documents for non-individuals need to be on the company letterhead or in a letter format with the stamp of the firm/company.
Documents of Non-individual investors can be self attested by Director / Company Secretary / Partners / Trustees, only in case of registered entities. For All other (non registered) entities, documents must be attested by a Notary / Judicial Authority or a Bank manager of a Scheduled commercial bank / Multi national Bank (Excluding Grameen and Co-operative banks). Attestations by SEO, Police Inspector are not acceptable.
What are the documents that need to be submitted by Non- Individuals?
Sl No. |
Status |
Documents required (apart from copy of PAN card in the name of the non-individual |
1 |
Hindu Undivided Family (HUF) |
Deed of Declaration Latest Bank Passbook Latest Bank statement |
2 |
Company/Body Corporate |
Certificate of Incorporation Memorandum and Articles of Association Resolution of the Board of Directors Authorised signatory list with specimen signatures |
3 |
Partnerships firms |
Certificate of Registration Partnership deed Documents evidencing authority to invest Authorised signatory list with specimen signatures |
4 |
Trusts, foundations, NGOs, Charitable Bodies, Clubs / Mutual Fund Schemes |
Certificate of registration Trust deed Authorised Signatory List with specimen signatures |
5 |
Unincorporated association or a body of individuals |
Proof of Existence / Constitution Document Documents evidencing authority to invest Authorised signatory list with specimen signatures |
6 |
Foreign Institutional Investors (FIIs) |
Letter and Certificate of Registration issued by SEBI Authorised Signatory list with specimen signature |
7 |
Scheduled Commercial Banks and Institutions not incorporated under the Registered Financial Copy of Constitution / registration documents evidencing authority to invest |
Copy of Constitution / registration documents Documents evidencing authority to invest Authorised signatory list with specimen signatures |
Note: On a need to need basis, additional documents may be requested apart from above stated documents.
Are there any additional requirements for investments managed by a Power of Attorney (POA) holder?
The POA holder is also required to be KYC compliant in his/her own name and produce a copy of the KYC acknowledgement for investments where he / she is a POA holder. This is apart from that of the investor on whose behalf the POA holder is investing.
My income status has now changed from what I have provided earlier in the KYC application form. Do I need to request for the change to reflect in my details submitted? How do I request for the change?
A change in income status must be intimated if such change results in a change in the income bracket you declared in the application form. Please apply to any POS in the specified form. No proof is needed for such change.
For determining financial status, will any supporting documents for annual income of an investor need to be submitted?
No documents are required to prove the financial status of an investor