POLICY FOR PREVENTION OF MONEY LAUNDERING ACT (PMLA) & ANTI MONEY LAUNDERING (AML)
OF
“RR GROUP OF COMPANIES ”

(here-in-after mentioned as “RR GROUP”)

(IN VIEW OF SEBI’S CONCERNED MASTER CIRCULAR 2019)

PART – I : OVERVIEW

1. Introduction
    a) Money Laundering (ML)
    b) Financial Intelligence Unit (FIU)-INDIA
2. Background
3. Policy and Procedures to Combat Money Laundering (CML) and Terrorist financing(TF).

PART – II DETAILED OBLIGATIONS

4. Objectives
5. Client Due Diligence (CDD) & Enhanced Due Diligence (EDD)
    a) Elements of Client Due Diligence
    b) Policy for acceptance of clients
    c) Risk Based Approach
    d) Clients of special category (CSC)
    e) Client Identification Procedure (CIP)
    f) Reliance on third party for carrying out Client Due Diligence (CDD)
6. Record Keeping
7. Information to be maintained
8. Retention of Records
9. Monitoring of transactions
10. Suspicious Transaction Monitoring & Reporting (STRs)
11. List of Designated Individuals/Entities
12. Designation of an officer for reporting of suspicious transaction

1. INTRODUCTION

Money Laundering

Money laundering is the process by which criminals attempt to hide and disguise the true origin and ownership of the proceeds of their criminal/illegal activities. The term “Money Laundering” is also used in relation to the financing of terrorist activity (where the funds may, or may not, originate from crime). It is a process of making dirty money clean. Money is moved around the financial system again and again in such manner that its origin gets hidden. Money generated from illegitimate source is converted into that derived from legitimate source. The PMLA states that “Whosoever directly or indirectly attempts to indulge or knowingly assists or knowingly is a party or is actually involved in any process or activity connected proceeds of crime including its concealment, possession, acquisition or use and projecting or claiming it as untainted property shall be guilty of offence of money-laundering.” Failure to understand and deal with money laundering can lead to significant:

a) Regulatory risk b) Reputation risk c) Litigation risk d) Operational risk

Financial Intelligence Unit (FIU) – INDIA

Financial Intelligence Unit – India (FIU-IND) was set by the Government of India on dated 18th November 2004 as an independent body to report directly to the Economic Intelligence Council (EIC) headed by the Finance Minister. FIU-INDIA is responsible for receiving, processing, analysing and disseminating information relating to suspicious financial transactions information about money laundering, other related offences and financing of terrorism. It also coordinates & strengthen efforts of national and international intelligence, investigation and enforcement agencies in pursuing the global efforts against money laundering and related crimes.

2. BACKGROUND

The PMLA came into effect from 1st July 2005. Necessary Notifications / Rules under the said Act were published in the Gazette of India on 1st July, 2005 by the Department of Revenue, Ministry of Finance and Government of India. The PMLA has been further amended vide notification dated March 6, 2009 and inter alia provides that violating the prohibitions on manipulative and deceptive devices, insider trading and substantial acquisition of securities or control as prescribed in Section 12 A read with Section 24 of the Securities and Exchange Board of India Act, 1992 (SEBI Act) will now be treated as a scheduled offence under schedule B of the PMLA.

As per the provisions of the PMLA, every banking company, financial institution (which includes chit fund company, a co-operative bank, a housing finance institution and a non-banking financial company) and intermediary (which includes a stock-broker, sub- broker, share transfer agent, banker to an issue, trustee to a trust deed, registrar to an issue, merchant banker, underwriter, portfolio manager, investment adviser and any other intermediary associated with securities market and registered under Section 12 of the SEBI Act , 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.

Such transactions include:

- All cash transactions of the value of more than Rs 10 lakh or its equivalent in foreign currency.
- All series of cash transactions integrally connected to each other which have been valued below Rs 10 lakh or its equivalent in foreign currency where such series of transactions take place within one calendar month.
- All suspicious transactions whether or not made in cash and including, inter-alia, credits or debits into from any non-monetary account such as demat account, security account maintained by the registered intermediary.

Stock Exchanges, Commodity Exchanges and their brokers/members i.e. intermediaries are under the ambit of the Prevention of Money Laundering Act, 2002 (PMLA).RR GROUP OF COMPANIES “RR GROUP”, with memberships at the National stock Exchange, Bombay Stock Exchange and Multi commodity exchange in India, is bound

by the guidance and directives relating to the implementation of the provisions of the PML Act – to prevent money laundering in the securities market and commodity derivatives markets in India and to combat financing terrorism within the country and outside so that objects of the PML Act are achieved.

POLICY AND PROCEDURES TO COMBAT MONEY LAUNDERING AND TERRORIST FINANCING

It is the policy of the company to prohibit and actively prevent money laundering and any activity that facilitates money laundering or the funding of terrorist or criminal activities. Further, our companies i.e. “RR GROUP” member shall regularly review the policies and procedures on PMLA and Terrorist Financing on an Annual Basis or on regular basis to ensure their effectiveness.

OBJECTIVES

The objectives of the AML are as follows:

    To prevent company from being used, intentionally or unintentionally, by criminal elements for money laundering activities

     Create awareness and provide clarity on KYC standards and AML measures.

    To have a proper Customer Due Diligence (CDD) process before registering clients

    To monitor and report suspicious transactions.

    To discourage and identify money laundering or terrorist financing activities.

    To monitor / maintain records of all cash transactions of the value of more than Rs.10 lacs

CLIENT DUE DILIGENCE

Elements of Client Due Diligence

At the time of opening an account or executing any transaction, we will obtain, verify the identity of the person and maintain the record of client’s current address or addresses including permanent address, the nature of business of the client and his financial status. Wherever it is apparent that the securities/commodities acquired or maintained through an account are beneficially owned by a party other than the client, that party will be identified using client identification and verification procedures. The beneficial owner is the natural person or persons on whose behalf a transaction is being conducted. It also incorporates those persons who exercise ultimate effective control over a legal person or arrangement.

Policy for acceptance of clients

The following Customer Acceptance Policy indicates the criteria for acceptance of customers and shall be followed by “RR GROUP”.

No account shall be opened in anonymous or fictitious / benami name(s).

Parameters of risk perception shall be clearly defined in terms of the nature of business activity, location of customer and his clients, mode of payments, volume of turnover, social and financial status Politically Exposed Persons (PEPs) etc., to enable categorization of customers into low, medium and high risk.

“RR GROUP” shall collect documents and other information from the customer depending on perceived risk and keeping in mind the requirements of AML Act, 2002 and guidelines issued by SEBI/ Exchanges /RBI or any other statutory govt. body from time to time.

Risk Based Approach

The risk to the customer shall be assigned on the following basis:

Low Risk:

Individuals and entities whose identities and sources of wealth can be easily identified and transactions in whose accounts by and large confirm to the known profile may be categorized as low risk. The illustrative examples of low risk customers could be salaried employees whose salary structures are well defined, people belonging to lower

economic strata of the society whose accounts show small balances and low turnover, Government Departments and Government owned companies, regulators and statutory bodies etc. In such cases, only the basic requirements of verifying the identity and location of the customer shall be met.

Medium Risk (Level II):

Customers that are likely to pose a higher than average risk to the broker may be categorized as medium or high risk depending on Customer’s background, nature and location of activity, country of origin, sources of funds and his client profile etc; such as:

Persons in business/industry or trading activity where the area of his residence or place of business has a scope or history of unlawful trading/business activity.

Where the client profile of the person/s opening the account, according to the perception of the team is uncertain and/or doubtful/dubious.

Clients of special category (CSC): High Risk (Level III)

“RR GROUP” may apply enhanced due diligence measures 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. The examples of customers requiring higher due diligence may include:

- Non Resident Customers
- High Net Worth Individuals
- Trusts, charities, NGOs and organizations receiving donations
- Companies having close family shareholding or beneficial ownership
- Firms with „sleeping partners‟
- Politically Exposed Persons (PEPs)
- Those with dubious reputation as per public information available, etc.
- Companies offering foreign exchange offerings - Clients in high risk countries
- Clients with dubious reputation as per public information available etc.

Risk Assessment

The Risk Assessment is required in order to identify, assess and take effective measures to mitigate its money laundering and terrorist financing risk with respect to its clients, countries or geographical areas, nature and volume of transactions, payment methods used by clients, etc. The risk assessment will also consider any country specific information that is circulated by the Government of India , SEBI and Exchanges from time to time, as well as, the updated list of individuals and entities who are subjected to sanction measures as required under the various United Nations' Security Council Resolutions.

Risk Assessment is dependent on kind of customers the Company deals with.

Client Identification Procedure

Customer identification means identifying the person and verifying his/her identity by using reliable, independent source documents, data or information. “RR GROUP” needs to obtain sufficient information necessary to establish to it's satisfaction, the identity of each new customer, whether regular or occasional, and the purpose of the intended nature of brokering relationship. Being satisfied means that “RR GROUP” is able to satisfy the competent authorities that due diligence was observed based on the risk profile of the customer in compliance of the extant guidelines in place. Besides risk perception, the nature of information/documents required would also depend on the type of customer (individual, corporate, etc).

For customers that are natural persons, “RR GROUP” shall obtain sufficient identification data to verify the identity of the customer, his address/location, and also his recent photograph. For customers that are legal persons or entities, (RR GROUP) shall

(i) Verify the legal status of the legal person/entity through proper and relevant documents
(ii) Verify that any person purporting to act on behalf of the legal person/entity is so authorized and identify and verify the identity of that person
(iii) Understand the ownership and control structure of the customer and determine, who are the natural persons who ultimately control the legal person.

Customer Identification requirements in respect of a few typical cases, especially, legal persons requiring an extra element of caution are given in Annexure - I for the guidance of the members of “RR GROUP”.

If “RR GROUP” decides to accept such accounts in terms of the Customer Acceptance Policy, “RR GROUP” shall take reasonable measures to identify the beneficial owner(s) and verify his/her/their identity in a manner so that it is satisfied that it knows who the beneficial owner(s) is/are. An indicative list of the nature and type of documents/information that may be relied upon for customer identification is given in Annexure – II.

Reliance on third party for carrying out Client Due Diligence (CDD)

Company may rely on a third party subject to the conditions that are specified in Rule 9(2) of the PML Rules and shall be in accordance with the regulations and circulars/ guidelines issued by SEBI from time to time for the purpose of:

Identification and verification of the identity of a client and Determination of whether the client is acting on behalf of a beneficial owner, identification of the beneficial owner and verification of the identity of the beneficial owner.

Such third party shall be regulated, supervised or monitored for, and have measures in place for compliance with CDD and record- keeping requirements in line with the obligations under the PML Act.

RECORD KEEPING

As part of our AML program, “RR GROUP” will create and maintain STRs and CTRs, relevant documentation on customer identity and verification as well as account files and business correspondences. We will maintain STRs and their accompanying documentation for a period of five years.

INFORMATION TO BE MAINTAINED

• All cash transactions of the value of more than rupees ten lakhs or its equivalent in foreign currency;
• All series of cash transactions integrally connected to each other which have been valued below rupees ten lakhs or its equivalent in foreign currency where such series of transactions have taken place within a month;
• All suspicious transactions. Suspicious transaction means a transaction whether or not made in cash which, to a person acting in good faith.

gives rise to a reasonable ground of suspicion that it may involve the proceeds of crime;
or

appears to be made in circumstances of unusual or unjustified complexity; or appears to have no economic rationale or bonafide purpose;
or

gives rise to a reasonable ground of suspicion that it may involve financing of the activities relating to terrorism

The records shall contain the following information:

the nature of the transactions;

the amount of the transaction and the currency in which it was denominated;

the date on which the transaction was conducted;

and the parties to the transaction.

The records will be updated on daily basis, and in any case not later than 5 working days

RETENTION OF RECORDS

There is a proper mechanism for maintenance and preservation of such records and information in a manner that allows easy and quick retrieval of data as and when requested by the competent authorities.

All necessary records on transactions, both domestic and International, record of documents evidencing the identity of its clients and beneficial owners (e.g., copies or records of official identification documents like passports, identity cards, driving licenses or similar documents) as well as account files and business correspondence for a period of five years after the business relationship between a client and intermediary has ended or the account has been closed, whichever is later.

All record of information related to transactions, whether attempted or executed, that are reported to FIU will be maintained for a period of five years.

Country Specific Disclosures India – For private circulation only, not for sale.

MONITORING OF TRANSACTIONS

“RR GROUP” will monitor through the automated means of Back Office Software for unusual size, volume, pattern or type of transaction. For non-automated monitoring, the following kinds of activities are to be mentioned as Red Flags and reported to the Principal Officer.

The customer exhibits unusual concern about “RR GROUP” compliance with government reporting requirements and the firm’s AML policies (particularly concerning his or her identity, type of business and assets), or is reluctant or refuses to reveal any information concerning business activities, or furnishes unusual or suspicious identification or business documents.

The customer wishes to engage in transactions that lack business sense or apparent investment strategy, or are inconsistent with the customer’s stated business or investment strategy.

The information provided by the customer that identifies a legitimate source for funds is false, misleading, or substantially incorrect.

Upon request, the customer refuses to identify or fails to indicate any legitimate source for his or her funds and other assets.

The customer (or a person publicly associated with the customer) has a questionable background or is the subject of news reports indicating possible criminal, civil or regulatory violations.

The customer exhibits a lack of concern regarding risks, commissions, or other transaction costs.

The customer appears to be acting as an agent for an undisclosed principal, but declines or is reluctant, without legitimate commercial reasons, to provide information or is otherwise evasive regarding that person or entity.

The customer has difficulty describing the nature of his or her business or lacks general knowledge of his or her industry.
The customer attempts to make frequent or large deposits of currency, insists on dealing only in cash, or asks for exemptions from the firm’s policies relating to the deposit of cash.
The customer engages in transactions involving cash or cash equivalents or other monetary instruments that appear to be structured to avoid the Rs.10,00,000 government reporting requirements, especially if the cash or monetary instruments are in an amount just below reporting or recording thresholds.

For no apparent reason, the customer insists for multiple accounts under a single name or multiple names, with a large number of inter- account or third-party transfers.

The customer engages in excessive journal entries between unrelated accounts without any apparent business purpose.

The customer requests that a transaction be processed to avoid the RREB’s normal documentation requirements.

The customer, for no apparent reason or in conjunction with other red flags, engages in transactions involving certain types of securities, such as Z group and T group stocks, which although legitimate, have been used in connection with fraudulent schemes and money laundering activity. (Such transactions may warrant further due diligence to ensure the legitimacy or the customer’s activity.)

The customer’s account shows an unexplained high level of account activity.

The customer maintains multiple accounts, or maintains accounts in the names of family members or corporate entities, for no apparent purpose.

The customer’s account has inflows of funds or other assets well beyond the known income or resources of the customer.

Whenever any of our employee detects any red flag he or she will escalate the same to the Principal Officer for further investigation. Broad categories of reason for suspicion and examples of suspicious transactions for an intermediary are indicated as under:

• Identity of Client
    - False identification documents
    - Identification documents which could not be verified within reasonable time
    - Non-face to face client
    - Doubt over the real beneficiary of the account.
    - Accounts opened with names very close to other established business entities
• Suspicious Background
    - Suspicious background or links with known criminals
• Multiple Accounts
     - Large number of accounts having a common account holder, introducer or authorized signatory with no rationale.
    - Unexplained transfers between multiple accounts with no rationale
• Activity in Accounts
    - Unusual activity compared to past transactions
     - Use of different accounts by client alternatively
    - Sudden activity in dormant accounts
    - Activity inconsistent with what would be expected from declared business
    - Account used for circular trading
• Nature of Transactions
    - Unusual or unjustified complexity
    - No economic rationale or bona fide purpose
    - Source of funds are doubtful
    - Appears to be case of insider trading
    - Investment proceeds transferred to a third party
    - Transactions reflect likely market manipulations
    - Suspicious off market transactions
• Value of Transactions
     - Value just under the reporting threshold amount in an apparent attempt to avoid
• reporting
    - Large sums being transferred from overseas for making payments
    - Inconsistent with the clients apparent financial standing
    - Inconsistency in the payment pattern by client
    - Block deal which is not at market price or prices appear to be artificially inflated/deflated

SUSPICIOUS TRANSACTION MONITORING & REPORTING (STM & STRs)

For Cash Transaction Reporting (CTR)

All dealing in Cash that requiring reporting to the FIU IND will be done in the CTR format and in the matter and at intervals as prescribed by the FIU IND

For Suspicious Transactions Reporting (STR)

(RR GROUP) will make a note of Suspicious Transaction that have not been explained to the satisfaction of the Principal Officer and thereafter report the same to the FIU IND within the required deadlines. This will typically be in cases where we know, suspect, or have reason to suspect:

the transaction involves funds derived from illegal activity or is intended or conducted in order to hide or disguise funds or assets derived from illegal activity as part of a plan to violate or evade any the transaction reporting requirement,

the transaction is designed, whether through structuring or otherwise, to evade the any requirements of PMLA Act and Rules framed thereof

the transaction has no business or apparent lawful purpose or is not the sort in which the customer would normally be expected to engage, and we know, after examining the background, possible purpose of the transaction and other facts, of no reasonable explanation for the transaction,
or

the transaction involves the use of RR GROUPRR GROUP/ company to facilitate criminal activity.

“RR GROUP” will not base it’s decision on whether to file a STR solely on whether the transaction falls above a set threshold. “RR GROUP” will file a STR and notify law enforcement of all transactions that raise an identifiable suspicion of criminal, terrorist, or corrupt activities.

All STRs will be reported quarterly to the Board of Directors, with a clear reminder of the need to maintain the confidentiality of the STRs We will not notify any person involved in the transaction that the transaction has been reported, except as permitted by the PMLA Act and Rules thereof.

LIST OF DESIGNATED INDIVIDUALS / ENTITIES

At the time of account opening of the entities or individuals, name will be verified with UNSCRs list. Accounts will not be opened in the name of anyone whose name appears in said list.

DESIGNATION OF AN OFFICER FOR REPORTING OF SUSPICIOUS TRANSACTION

Appointment of Principal Officer

To ensure compliance, monitoring and report compliance of Anti Money Laundering policy, Senior Executive heading the Compliance Department of the broker at Corporate Office shall act as Principal Officer. He/She shall be responsible to monitor and report transactions and share information on Anti Money Laundering as required under the law. The Principal Officer shall maintain close liaison with enforcement agencies, brokers and any other institutions that are involved in the fight against money laundering and combating financing of terrorism. The Principal Officer shall furnish a compliance certificate to the Board on quarterly/regular basis certifying that Revised Anti Money laundering Policy is being strictly followed by “RR GROUP”, consisting reference of alerts so generated, if any, STRs, if any so made during that period.

Appointment of a Designated Director

As per the PML rules, in addition to the requirement of a Principal Officer, the company has appointed Designated Director to ensure overall compliance.

Detail of Principal Officer and Designated Director :

In the Case of any further Information/clarification is required in this regards, the “Principal Officer” may be contacted.

Principal Officer

Mr. Pawan Gupta
Tel. No. : 01123354802
Mob No. : 9312940491
E-mail : compliance@rrfcl.com

Designated Director

Mr. Jeetesh Kumar
Tel. No. : 01123354802
Mob No. : 9312940485
E-mail : compliance@rrfcl.com