The Central Government has issued a notification to bring more clarity to the latest expansion of the Prevention of Money Laundering Act, 2002, which had brought professionals like Chartered Accountants, Company Secretaries and Cost Accountants under the purview of anti-money laundering provisions.
The Central Government has also clarified that, any activity that is carried out by an advocate, a chartered accountant, cost accountant or company secretary in practice, who is engaged in the formation of a company to the extent of filing a declaration as required under Section 7(1)(b) of Companies Act, 2013 is not covered under the Prevention of Money Laundering Act, 2002.
The Central Government has notified that, the following activities when carried out in the course of business on behalf of or for another person, as the case may be, as an activity for the purposes of Section 2(1)(sa)(vi) of the Prevention of Money Laundering Act, 2002, namely:-
(i) acting as a formation agent of companies and limited liability partnerships;
(ii) acting as (or arranging for another person to act as) a director or secretary of a company, a partner of a firm or a similar position in relation to other companies and limited liability partnerships;
(iii) providing a registered office, business address or accommodation, correspondence or administrative address for a company or a limited liability partnership or a trust;
(iv) acting as (or arranging for another person to act as) a trustee of an express trust or performing the equivalent function for another type of trust; and
(v) acting as (or arranging for another person to act as) a nominee shareholder for another person.
Explanation.–For removal of doubts, it is clarified that the following activities shall not be regarded as activity for the same provisions:
(a) any activity that is carried out as part of any agreement of lease, sub-lease, tenancy or any other agreement or arrangement for the use of land or building or any space and the consideration is subjected to deduction of income-tax as defined under section 194I of Income Tax Act, 196; or
(b) any activity that is carried out by an employee on behalf of his employer in the course of or in relation to his employment; or
(c) any activity that is carried out by an advocate, a chartered accountant, cost accountant or company secretary in practice, who is engaged in the formation of a company to the extent of filing a declaration as required under clause (b) of sub-section (1) of section 7 of Companies Act, 2013; or (d) any activity of a person which falls within the meaning of an intermediary as defined in clause (n) of sub-section (1) of section 2 of the Prevention of Money-laundering Act, 2002.
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