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TMI BlogClarification on Know Your Client (KYC) Process and Use of Technology for KYCX X X X Extracts X X X X X X X X Extracts X X X X ..... Madam/Sir, Subject: Clarification on Know Your Client (KYC) Process and Use of Technology for KYC 1. Know Your Customer (KYC) and Customer Due Diligence (CDD) policies as part of KYC are the foundation of an effective Anti-Money Laundering process. The KYC process requires every SEBI registered intermediary (hereinafter referred to as RI ) to collect and verify the Proof of Identity (PoI) and Proof of Address (PoA) from the investor. 2. The provisions as laid down under the Prevention of Money-Laundering Act, 2002 , Prevention of Money-Laundering (Maintenance of Records) Rules, 2005 , SEBI Master Circular on Anti Money Laundering (AML) dated October 15, 2019 and relevant KYC / AML circulars issued from time to time shall ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Act, 2000 recognizes electronic signatures (which includes digital signature) and states that where any law provides that information or any other matter shall be authenticated by affixing the signature or any document shall be signed or bear the signature of any person then such requirement shall be deemed to have been satisfied, if such information or matter is authenticated by means of a digital signature affixed in such manner as prescribed by the Central Government. Therefore, the eSign mechanism of Aadhaar shall be accepted in lieu of wet signature on the documents provided by the investor. Even the cropped signature affixed on the online KYC form under eSign shall also be accepted as valid signature. 4. In order to enable the Onli ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Authentication service of UIDAI or offline verification through Aadhaar QR Code/ XML file can be undertaken, provided the XML file or Aadhaar Secure QR Code generation date is not older than 3 days from the date of carrying out KYC. In terms of SEBI circular No. CIR/MIRSD/29/2016 dated January 22, 2016 the usage of Aadhaar is optional and purely on a voluntary basis by the investor. c. PAN is verified online using the Income Tax Database. d. Bank account details are verified by Penny Drop mechanism or any other mechanism using API of the Bank. (Explanation: based on bank details in the copy of the cancelled cheque provided by the investor, the money is deposited into the bank account of the investors to fetch the bank account detail ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under: a. The investor would take a print out of the completed KYC form and after affixing their wet signature, send the scanned copy / photograph of the same to the RI under eSign, or b. Affix online the cropped signature on the filled KYC form and submit the same to the RI under eSign. vii. The RI shall forward the KYC completion intimation letter through registered post/ speed post or courier, to the address of the investor in cases where the investor has given address other than as given in the OVD. In such cases of return of the intimation letter for wrong / incorrect address, addressee not available etc, no transactions shall be allowed in such account and intimation shall also sent to the Stock Exchange and Depository. v ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sical location in India etc is also implemented. RI shall ensure that the process is a seamless, real-time, secured, end-to-end encrypted audiovisual interaction with the customer and the quality of the communication is adequate to allow identification of the customer beyond doubt. RI shall carry out the liveliness check in order to guard against spoofing and such other fraudulent manipulations. The RI shall before rolling out and periodically, carry out software and security audit and validation of their App. The RI may have additional safety and security features other than as prescribed above. 6. Feature for Video in Person Verification (VIPV) for Individuals To enable ease of completing IPV of an investor, intermediary may undert ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tation of the above decision in co-ordination with one another to achieve uniformity in approach. c. communicate to SEBI, the status of the implementation of the provisions of this circular Monthly Development Report of the following month; and d. monitor the compliance of this circular. 8. This circular is issued in exercise of powers conferred under Section 11(1) of the Securities and Exchange Board of India Act, 1992 to protect the interests of investors in securities and to promote the development of, and to regulate the securities markets. 9. This circular is available on SEBI website at www.sebi.gov.in. Yours faithfully, D. Rajesh Kumar General Manager Tel. No: 022 -26449242 Email: rajeshkd@sebi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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