RBI/2013-14/455
A.P. (DIR Series) Circular No.97
January 20, 2014
To,
All Authorised Persons
Madam/ Sir,
Know Your Customer (KYC) norms/Anti-Money Laundering (AML) standards /
Combating the Financing of Terrorism (CFT) Obligation of Authorised Persons
under Prevention of Money Laundering Act, (PMLA), 2002, as amended by Prevention
of Money Laundering (Amendment) Act, 2009 Money changing activities
Attention of Authorised Persons is invited to F-Part-II of the Annex to the
A.P. (Dir Series) Circular No. 17 [A.P. (FL/RL Series) Circular No. 04] dated
November 27, 2009, as amended from time to time.
- Based on several representations received from Authorised Money Changers
(AMCs), regarding difficulties in submitting Resolution of the Board of
Directors for undertaking foreign exchange transactions with an AMC and also
Power of Attorney granted to its officials to conduct forex transactions on
behalf of the company, it has been decided to rationalise the same. Accordingly,
the requirement of Resolution of the Board of Directors is being done away with
and a corporate may now submit to the AMC a list of officials with names and
signatures authorized by the Managing Director / Chief Financial Officer of the
company toconduct forex transactions on its behalf. The amended instructions are
given in the Annex.
- All the other instructions contained in the A.P. (DIR Series) Circular No. 17
[A.P. (FL/RL Series) Circular No. 04] dated November 27, 2009, as amended from
time to time shall remain unchanged.
- Authorised Persons may bring the contents of this circular to the notice of
their constituents concerned.
- These guidelines are also applicable mutatis mutandis to all agents/
franchisees of Authorised Persons and it will be the sole responsibility of the
franchisers to ensure that their agents / franchisees also adhere to these
guidelines.
- Please advise your Principal Officer to acknowledge receipt of this circular
letter.
- The directions contained in this Circular have been issued under Section
10(4) and Section 11(1) of the Foreign Exchange Management Act, 1999 (42 of
1999)and also under the, Prevention of Money Laundering Act, (PMLA), 2002, as
amended by Prevention of Money Laundering (Amendment) Act, 2009 and Prevention
of Money-Laundering (Maintenance of Records of the Nature and Value of
Transactions, the Procedure and Manner of Maintaining and Time for Furnishing
Information and Verification and Maintenance of Records of the Identity of the
Clients of the Banking Companies, Financial Institutions and Intermediaries)
Rules, 2005 as amended from time to time and are without prejudice to permission
/approvals, if any, required under any other law.
Yours faithfully,
Rudra Narayan Kar
Chief General Manager-in-Charge
Annex
[Annex to A.P. (DIR Series) Circular No.97 dated January 20, 2014]
| Extant Guidelines |
Revised Guidelines |
| Features |
Documents |
Features |
Documents |
| Establishment of Business Relationship - Corporate |
Certified copy each of the following documents.
(i) Certificate of incorporation
(ii) Memorandum & Articles of Association
(iii) Resolution of the Board of Directors for undertaking forex transactions
with the AP
(iv) Power of attorney granted to its managers, officers or employees to conduct
forex transactions on behalf of the corporate and their identification.
(v) PAN Card
(vi) Telephone Bill |
Establishment of Business Relationship - Corporate |
Certified copy each of the following documents.
(i) Certificate of incorporation
(ii) Memorandum & Articles of Association
(iii) List of officials with names, designation and signatures authorized by the
Managing Director / Chief Financial Officer of the company to conduct forex
transactions on behalf of the company
(iv) PAN Card
(v) Telephone Bill
Note: Corporate should invariably pay to AMCs towards rupee leg of forex
transactions through a cheque/bank account of corporate irrespective of the
amount of forex transaction |