RTG SHARE BROKING LTD
POLICY ON ANTI MONEY LAUNDERING (AML) / COMBATING FINANCING OF
The Prevention of Money Laundering Act, 2002 came into effect from 1st July, 2005. As per the
provisions of the Act, every intermediary (which includes a stock-broker or sub-broker)
registered under section 12 of the Securities and Exchange Board of India Act, 1992 shall have to
maintain a record of all the transactions; the nature and value of which has been prescribed in
the Rules under the PMLA.
In light of above, SEBI has issued "Anti Money Laundering (AML) / Combating Financing of
Terrorism (CFT)” guidelines which aims to prevent the Registered Intermediary or any of it`s
representative from being used intentionally or unintentionally by criminal elements for
committing financial frauds, transferring or deposits of funds derived from criminal activity
or for financing terrorism. Under the guidelines every registered intermediary should adopt
written policy & procedure to implement the provisions of the Prevention of Money Laundering
Accordingly, our company has established this written policy & procedure on ‘Anti-Money
Laundering and Combating Financing of Terrorism Measures’ which will be applicable to HO, all
the Branches, sub brokers and remiseries and must be complied with by all the HO staff, Branch
staff, frontline staff, back office staff, compliance staff, staff dealing with the customers, sub
brokers and remiseries. This policy document is in accordance with various guidelines issued by
the SEBI for proper identification of clients and for scrutiny/ monitoring of large value cash
transaction or transaction of a suspicious nature to discourage & identify any money laundering
or terrorist financing.
OBJECTIVES OF AML / CFT POLICY
• To lay down explicit criteria for acceptance of customers & customers due diligence.
• To establish procedures to verify the bona-fide identification of individuals/ non
• Maintenance of required records & compliance with statutory & regulatory requirements.
• Co-operation with relevant law enforcement authorities.
• To establish processes and procedures to monitor high value cash transactions and /or
transactions of suspicious natur e.
• To develop measures for conducting due diligence in respect of customers and reporting of
• To manage the risk.
CUSTOMER DUE DILIGENCE (CDD)
The customers due diligence measures comprise the following:
• Obtain sufficient information in order to identify persons who is a beneficially own or
control 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 should also be identified using client identification and verification
• Verify the customer’s identity using reliable, independent source documents, data or
• Identify beneficiaL ownership and controL, i.e. determine which individual(s) uLtimateLy
own(s) or controL(s) the customer and/or the person on whose behaLf a transaction is
• Verify the identity of the beneficiaL owner of the customer and/or the person on whose
behaLf a transaction is being conducted, corroborating the information provided in
reLation to above ; and
• 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 customer, its business and risk profiLe, taking into account, where
necessary, the customer’s source of funds.
CUSTOMER ACCEPTANCE POLICY (CAP)
CAP aims to identify the types of customer, depending on type of customer business relationship
or transactions, that are LikeLy to pose a higher then average risk of money Laundering or
terrorist financing. The foLLowing procedures / safeguards are to be followed on the aspects of
No account is opened in anonymous or fictitious/benami name(s)
Obtain comprehensive information depending on the perceived risk and in
accordance with the guideLines issued by the SEBI regarding new customers at the
Ascertain the voLume of turnover, sociaL and financiaL status, etc. to
enable categorization of customers into Low, medium and high risk
CoLLect information and documents in respect of different categories of
customers depending on perceived risk.
Take appropriate steps to verify the identity and /or obtain documents required
As per the risk categorization. Refuse to open an account where the
prospective customer does not co-operate with the Company in obtaining these
detaiLs or where the Company is not sure about the reLiabiLity of the data
furnished by the prospective customer.
Take adequate steps to ensure that the identity of the customer does not match
with any person with known criminaL background or with banned entities such as
individual terrorists or terrorist organizations, etc.
CLearLy Laid down the circumstances under which the cLient is permitted to act
on behaLf of another person / entity. CLearLy specified the manner & transaction
Limits for the account 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 company, as weLL as the person on whose behaLf the agent is
acting shouLd be cLearLy Laid down). Adequate verification of a person’s
authority to act on behaLf the customer shouLd aLso be carried out.
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
RISK MANAGEMENT / RISK BASED APPROACH
To create Risk ProfiLes of the customers and appLy various Anti Money Laundering measures
keeping in view the risks invoLved in a transaction, account or business reLationship, the
Company wiLL categorize the customers according to the risk perceived to faciLitate undertaking
due diLigence for the purpose of risk categorization
(i) Low Risk
Low Risk individuaLs are those individuaLs (other than high net worth) and entities whose
identities and sources of weaLth can be easiLy identified and the transactions in whose accounts
by and Large conform to known profiLe. Low – risk customers wiLL incLude
1. S alaried empLoyees whose saLary structures are weLL defined
2. PeopLe beLonging to Lower economic strata of the society whose accounts show smaLL
baLances and Low turnover
Government departments/ Govt. owned companies reguLators and statutory bodies etc.
(ii) Medium Risk
The medium and high risk customers wiLL be categorized on the basis of the customer’s
background, nature and Location of activity, country of origin, sources of funds and
cLient profiLe. Medium Risk customers wiLL incLude
1. Non- resident customers
2. H igh net worth individuaLs,
3. Trust, charitabLe organizations, Non Govt. Organisation (NGO) and organization
4. Companies having cLosed famiLy share hoLding or beneficiaL ownership.
(iii) High Risk
High risk customer wiLL typicaLLy incLude
1. Firms with sLeeping partners
2. PoLiticaLLy exposed persons (PEPs) of foreign origin
3. Non face to face to customers and
4. Persons with dubious reputation as per pubLic information avaiLabLe.
5. Persons whose sources of income are not cLear.
The Company wiLL subject the above cLients to intensive due diLigence.
CLIENTS OF SPECIAL CATEGORY (CSC)
AppLy enhanced due diLigence measures and cLassified customers as CSC & non CSC, based on
the risk assessment, thereby requiring intensive ‘due diLigence’ for higher risk customers,
especiaLLy those for whom the sources of funds are not cLear. ExampLes of customers requiring
higher due diLigence and cLassified as CSC may incLude:
High net worth individuaLs,
Trusts, charities, NGOs and organizations receiving donations,
Companies having cLose famiLy sharehoLding or beneficiaL ownership,
PoLiticaLLy exposed persons (PEP) of foreign origin,
• Current / Former Head of State, Current or Former Senior High profiLe
poLiticians and connected persons (immediate famiLy, CLose advisors and
companies in which such individuaLs have interest or significant infLuence),
• Companies offering foreign exchange offerings,
• Clients in high risk countries (where existence/effectiveness of money laundering controls is
suspect, where there is unusual banking secrecy, Countries active in narcotics production,
Countries where corruption (as per Transparency International Corruption Perception Index)
is highly prevalent, Countries against which government sanctions are applied, Countries
reputed to be any of the following – Havens / sponsors of international terrorism, offshore
financial centers, tax havens, countries where fraud is highly prevalent.
• Firms with ‘sLeeping partners‘,
• Non-face to face customers, and
• hose with dubious reputation as per pubLic information avaiLabLe, etc.
CLIENT IDENTIFICATION PROCEDURE (CIP)
CLient identification means identifying the customer and verifying his/ her/ its identity by
using reLiabLe, independent source documents, data or information. The Company must obtain
the necessary information to estabLish the identity of each new customer, whether
reguLar or occasionaL and the purpose of the intended nature of reLationship.
• During KYC cLient identification procedure 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.
• The KYC procedures have been specified by SEBI from time to time. For exampLe, SEBI
has specified the mandatory requirement to obtain detaiLs of cLients by brokers,
formats of cLients registration form, broker cLient agreements, uniform documentary
requirements for trading across different segments and exchanges. ALL such procedure
shouLd be foLLowed.
• In order to further strengthen the KYC norms and identify every participant in the
securities market with their respective PAN thereby ensuring sound audit traiL of aLL
the transactions, PAN has been made soLe identification number for aLL participants
transacting in the securities market, irrespective of the amount of transaction.
• FoLLow necessary procedures to determine whether the customer is a poLiticaLLy
exposed person (PEP). Such procedures wouLd incLude seeking additionaL information
from cLients, accessing pubLicLy avaiLabLe information etc.
• Obtain senior management approvaL for estabLishing business reLationships with
PoLiticaLLy Exposed Persons. Where a customer has been accepted and the customer
or beneficiaL owner is subsequentLy found to be, or subsequentLy becomes a PEP,
registered intermediaries shaLL obtain senior management approvaL to continue the
• Take reasonabLe measures to verify source of funds of cLients identified as PEP.
• The cLient shouLd be identified by using reLiabLe sources incLuding documents /
information. Obtain adequate information to satisfactoriLy estabLish the identity of
each new cLient and the purpose of the intended nature of the reLationship.
• The information shouLd be adequate enough to satisfy competent authorities
(reguLatory / enforcement authorities) in future that due diLigence was observed by
the intermediary in compLiance with the GuideLines. Each originaL documents shouLd
be seen prior to acceptance of a copy.
• FaiLure by prospective cLient to provide satisfactory evidence of identity shouLd be
noted and reported to the senior Management.
• FoLLow the CIP of the company regarding 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. A
copy of the cLient identification programme shaLL be forwarded to the Director, FIU-
• It may be noted that whiLe risk based approach may be adopted at the time of
estabLishing business reLationship with a cLient, no exemption from obtaining the
minimum information/documents from cLients as provided in the PMLA RuLes is
avaiLabLe to brokers in respect of any cLass of investors with regard to the verification
of the records of the identity of cLients.
The Company shouLd ensure compLiance with the record keeping requirements under the SEBI
Act,1992, RuLes and ReguLations made there-under, PML Act, 2002 as weLL as other reLevant
LegisLation, RuLes, ReguLations, Exchange Bye-Laws and CircuLars.
• 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 behavior.
• In case of any suspected drug reLated or other Laundered money or terrorist property,
the investigating authorities wouLd need to trace through the audit traiL for
reconstructing a financiaL profiLe of the suspect cLient. To enabLe this reconstruction,
retain the foLLowing information for the cLients in order to maintain a satisfactory
o The beneficiaL owner of the account;
o The voLume of the funds fLowing through the account; and
o For seLected transactions:
• the origin of the funds;
• the form in which the funds were offered or withdrawn, e.g. cash, cheques,
• the identity of the person undertaking the transaction;
• the destination of the funds;
• the form of instruction and authority.
• Ensure that aLL customer and transaction records and information are avaiLabLe on a
timeLy basis to the competent investigating authorities. Where appropriate, they
shouLd consider retaining certain records, e.g. customer identification, account fiLes,
and business correspondence, for periods which may exceed that required under the
SEBI Act, RuLes and ReguLations framed there-under PMLA 2002, other reLevant
LegisLations, RuLes and ReguLations or Exchange bye-Laws or circuLars.
• More specificaLLy, maintain proper record of transactions prescribed under RuLe 3,
notified under the Prevention of Money Laundering Act (PMLA), 2002 as mentioned
o ALL cash transactions of the vaLue of more than rupees ten Lakh or its
equivaLent in foreign currency;
o ALL series of cash transactions integraLLy connected to each other which have
been vaLued beLow rupees ten Lakh or its equivaLent in foreign currency where
such series of transactions have taken pLace within a month and the aggregate
vaLue of such transactions exceeds rupees ten Lakh;
o ALL cash transactions where forged or counterfeit currency notes or bank notes
have been used as genuine and where any forgery of a vaLuabLe security has
o ALL suspicious transactions whether or not made in cash and by way of as
mentioned in the RuLes.
MAINTENANCE OF INFORMATION
The Company is required to maintain and preserve the foLLowing information in respect of
transactions referred to in RuLe 3 of PMLA RuLes:
• The nature of transactions;
• The amount of the transaction and the currency in which it denominated;
• The date on which the transaction was conducted; and
• The parties to the transaction.
RETENTION OF RECORDS
The Company is required to take appropriate steps for proper retention and preservation of
record which aLLows easy and quick retrievaL of data as and when required by competent
authorities. Record required to be maintain as per RuLe 3 above and detaiLs coLLected under CIP
for the period of ten years from the date of cessation of transaction. However, In case of the
records reLate to on-going investigations or transactions which have been the subject of a
suspicious transaction reporting, they shouLd be retained
untiL it is confirmed that the case has been cLosed.
MONITORING OF TRANSACTIONS
The Company must pay speciaL attention to aLL compLex, unusuaLLy Large transactions and aLL
unusuaL patterns which have no apparent economic or visibLe LawfuL purpose. ALso pay speciaL
attention to transaction / cLients which exceed the internaL Limit specified by the company. If
during the course of monitoring the transactions if any transaction of suspicious nature found
the same shouLd be immediateLy reported to the compLiance officer. Further the compLiance
dept. shouLd randomLy examine a seLection of transaction undertaken by cLients to comment on
their nature i.e. whether they are in the suspicious transactions or not.
SUSPICIOUS TRANSACTION REPORTING
ALL the Branch Managers, concern empLoyees, sub brokers are required to report the cash
transactions and transactions of suspicious nature as defined above on a reguLar basis to the
PrincipaL Officer in the format prescribed by the SEBI. The said detaiLs in the prescribed formats
shouLd be reported on monthLy basis within 7 days of the cLose of month. The List of forms for
the Cash Transactions and the suspicious transactions are attached to this poLicy. WhiLe
determining reporting foLLowing circumstances which may be in the nature of suspicious
transactions is considered. 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
o CLients whose identity verification seems difficuLt or cLients appears not to cooperate
o Asset management services for cLients where the source of the funds is not cLear or not
in keeping with cLients apparent standing /business activity;
o CLients in high-risk jurisdictions or cLients introduced by banks or affiLiates or other
cLients based in high risk jurisdictions;
o SubstantiaL increases in business without apparent cause;
o UnusuaLLy Large cash deposits made by an individuaL or business;
o CLients transferring Large sums of money to or from overseas Locations with instructions
for payment in cash;
o Transfer of investment proceeds to apparentLy unreLated third parties;
o UnusuaL transactions by CSCs and businesses undertaken by sheLL corporations, offshore
banks /financiaL services, businesses reported to be in the nature of export-import of
Any suspicion transaction shouLd be immediateLy notified to CompLiance Officer. The reporting
shouLd be done in the form of a detaiLed report with specific reference to the cLients,
transactions and the nature /reason of suspicion. However, it shouLd be ensured that there is
continuity in deaLing with the cLient as normaL untiL toLd otherwise and the cLient shouLd 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.
REPORTING TO FINANCIAL INTELLIGENCE UNIT - INDIA
The company is required to report information reLating to cash and suspicious transactions to
the Director, FinanciaL InteLLigence Unit-India (FIU-IND) at the foLLowing address:
FinanciaL InteLLigence Unit-India,
6th FLoor, HoteL Samrat,
The reporting requirements and formats are encLosed herewith. These formats are divided into
two parts- ManuaL Formats and ELectronic Formats. DetaiLs of these formats are given in the
documents (Cash Transaction Report- version 1.0 and Suspicious Transactions Report version
1.0). These documents contain detaiLed guideLines on the compiLation and manner/procedure of
submission of the manuaL/eLectronic reports to FIU-IND. In reporting requirements foLLowing
points are to be considered
o The cash transaction report (CTR) (wherever appLicabLe) for each month shouLd be
submitted to FIU-IND by 15th of the succeeding month.
o The Suspicious Transaction Report (STR) shouLd be submitted within 7 days of arriving at
a concLusion that any transaction or a series of transactions, whether cash or non-cash,
are of suspicious nature. The CompLiance Officer shouLd record his reasons for treating
any transaction or a series of transactions as suspicious. It shouLd be ensured that there
is no undue deLay in arriving at such a concLusion.
o The PrincipaL Officer wiLL be responsibLe for timeLy submission of CTR and STR to FIU-IND;
o Utmost confidentiaLity shouLd be maintained in fiLing of CTR and STR to FIU-IND. The
reports may be transmitted by speed/registered post/fax at the notified address.
o No niL reporting needs to be made to FIU-IND in case there are no cash/suspicious
transactions to be reported.
The company shouLd not put any restrictions on operations in the accounts where an STR has
been made. The company and directors, officers and empLoyees (permanent and temporary)
shouLd be prohibited from discLosing (“tipping off”) the fact that a STR or reLated information is
being reported or provided to the FIUIND. Thus, it shouLd be ensured that there is no tipping off
to the cLient at any LeveL.
APPOINTMENT OF PRINCPAL OFFICER
The Company has appointed Shri. , compLiance officer, as the
‘PrincipaL Officer’ who wiLL be 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. He wiLL aLso be responsibLe to ensure that proper steps are
taken to fix accountabiLity for serious Lapses and intentionaL contraventions of the AML / CFT
EMPLOYEES HIRING & TRANING
The HR Department of the company has to foLLow adequate screening procedures to ensure high
standards when hiring empLoyees. Identify the key positions within organization having regard to
the risk of money Laundering and terrorist financing and ensure the empLoyees taking up such
key positions are suitabLe and competent to perform their duties.
ALso conduct ongoing empLoyee training programme so that aLL the members of the staff are
adequateLy trained in AML and CFT procedures. Training requirements shouLd 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 are fuLLy understand the rationaLe
behind this poLicy, obLigations and requirements, impLement them consistentLy and are sensitive
to the risks of their systems being misused by unscrupuLous eLements.
CLIENTS / INVESTORS EDUCATION
ImpLementation of this AML/CFT poLicy the company has to demand certain information from
cLients / investors which may be of personaL nature or which 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 cLients with regard to the
motive and purpose of coLLecting such information. Therefore it is necessary to educate cLients
about the requirements under AML and CFT framework. The company shouLd prepare specific
Literature/ pamphLets etc. so as to educate the customer of the objectives of the AML/CFT
LIST OF CIRCULARS ISSUED BY SEBI / EXCHANGE IN RELATION TO KYC / AML / CFT
Sr. Circular No. Date Subject Area Covered
1 MRD/DoP/Cir- 05/2007 27/04/2007 PAN to be the In order to strengthen KYC
SoLe and identify every
identification participant in the
number for aLL securities market with
transacting in their respective PAN, so as
the securities to ensure sound audit
market traiL, PAN made
mandatory for participants
in security market
2 ISD/CIR/RR/AML/2/06 20/03/2006 Prevention of Procedure for maintaining
Money and preserving records,
Laundering reporting requirements
Act,2002- and formats of reporting
ObLigations of cash transactions and
intermediaries in suspicious transactions
terms of RuLes
3 ISD/CIR/RR/AML/1/06 18/01/2006 GuideLines on Framework for AML and
Anti Money CFT incLuding poLicies
Laundering and procedures, Customer
Standards Due DiLigence
monitoring and reporting
4 SEBI/MIRSD/DPS-1/Cir- 26/08/2004 Uniform Uniform KYC documentary
31/2004 Documentary requirements for trading
Requirements on different segments
for trading and exchanges
5 MRD/DoP/Dep/Cir- 24/08/2004 Proof of Identity Broadening the List of
29/2004 (POI) and Proof documents that may be
of Address (POA) accepted as Proof of
for opening a Identity (POI) and/or
Beneficiary Proof of Address (POA)
Owner (BO) for the purpose of
Account for opening a BO Account
6 SEBI/MRD/SE/Cir- 27/08/2003 Mode of Prohibition on
33/2003/27/08 payment acceptance/giving of
and deLivery cash by brokers and on
third party transfer of
7 SMD/POLICY/CIRCULARS/ 11/11/1997 CLient Formats of cLient
5-97 Registration Registration Form and
Form broker cLients
8 SMD-1/23341 18/11/1993 ReguLation of Mandatory requirement
transaction to obtain detaiLs of
between cLients cLients by brokers.
INTRODCTION OF NEW TECHNOLOGIES
The Company must pay speciaL attention to any threats that may arise from new or deveLoping
technoLogies in the implementation of the poLicy incLuding on-Line transactions that might
favour anonymity, and take measures, if needed, to prevent their use in money Laundering
LIST OF VARIOUS REPORTS & THEIR
1. Cash Transaction Report Version 1.0 (Guidance Note)
2. Summary of cash transaction report for an intermediary
3. Cash Transaction Report for an Intermediary
4. Annexure A- IndividuaL data sheet for an intermediary
5. Annexure B- LegaL person/Entity detaiL sheet for an intermediary
6. Suspicious Transaction Report Version 1.0 (Guidance Note)
7. Suspicious Transaction Report for an intermediary
8. Annexure A- IndividuaL DetaiL Sheet for an intermediary
9. Annexure B- LegaL Person/ Entity DetaiL Sheet for an intermediary
10. Annexure C- Account DetaiL Sheet for an intermediary
This poLicy is made in accordance with the guideLines issued by the SEBI. Considering the
objectives and purpose of the AML / CFT measures, aLL the Branch Managers, sub brokers,
frontLine staff, compLiance staff and the staff deaLing with the customers are required to
impLement this poLicy effectiveLy and with immediate effect.
If any person have any questions relating to the interpretation of this policy, they can
contact the Principal Officer at the Head Office for further clarification in the matter.
RTG SHARE BROKING LTD.
604, SAGAR FORTUNE,
6TH FLOOR, 184, WATERFIELD ROAD,
MUMBAI : 400-062.
I Mr. Chandru B. Pujary. Designation – DP OPRETION OFFICER have received RTG SHARE
BROKING LTD. ‘s written policy on ANTI – MONEY LAUNDERING & COMBATING
FINANCING OF TERRORISM’ I have read the same and noted the contents thereof and agree
to comply with the same.
Name : Mr. Chandru B. Pujary.
Designation : DP OPRETION OFFICER
Place : MUMBAI
Date : 10/07/2011