Company Law Quiz: Certification & Requirements

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition
Chat to Lesson

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

What document is required to certify that a public limited company is entitled to commence business?

  • Certificate of Incorporation
  • CIN No.
  • Declaration of beneficial owners
  • Certificate of commencement of business (correct)

Which document is not required when a company is a private company?

  • Declaration of beneficial owners
  • CIN No.
  • Proof of Current Address
  • Certificate of Registrar of Joint Stock Companies (correct)

What does CIN No. stand for?

  • Company Incorporation Number
  • Corporate Information Number
  • Company Identification Number
  • Corporate Identification Number (correct)

What must a resolution passed by the Board of Directors include?

<p>Specific bank account details (A)</p> Signup and view all the answers

When is a company not required to have a Certificate of Registrar of Joint Stock Companies?

<p>When it is Limited by guarantee and has no share capital (B)</p> Signup and view all the answers

Which item must be signed by the authorized signatory?

<p>Declaration of beneficial owners (A)</p> Signup and view all the answers

What is the purpose of maintaining a Minute Book for the company?

<p>To document all formal resolutions passed by the Board (C)</p> Signup and view all the answers

What type of company does not require the Certificate of commencement of business regardless of its registration date?

<p>Company Limited by guarantee (A)</p> Signup and view all the answers

What is the requirement for existing customers or beneficial owners that become PEPs?

<p>They require approval to continue the business relationship. (B)</p> Signup and view all the answers

What does enhanced monitoring apply to in the case of PEPs?

<p>Accounts where a PEP is the beneficial owner. (D)</p> Signup and view all the answers

Which category of individuals qualifies as a Politically Exposed Person (PEP)?

<p>Individuals serving in key government or military positions. (D)</p> Signup and view all the answers

What specific procedure must be followed for non-face-to-face customers?

<p>First payment must be through a KYC-complied account with another bank. (B)</p> Signup and view all the answers

How should client accounts opened by professional intermediaries be managed?

<p>Branches may choose to hold pooled accounts managed by intermediaries. (A)</p> Signup and view all the answers

Why must branches ensure identification for clients when opened through professional intermediaries?

<p>To comply with customer identification protocols. (D)</p> Signup and view all the answers

What is the primary concern regarding non-face-to-face customers?

<p>They increase the risk of fraud and money laundering. (C)</p> Signup and view all the answers

What are the enhanced due diligence measures aimed at?

<p>Mitigating the risks associated with high-risk customers. (B)</p> Signup and view all the answers

Who is responsible for knowing the customer when accounts are opened by professional intermediaries?

<p>The Bank (B)</p> Signup and view all the answers

What documentation is necessary to examine when opening a bank account for an estate administrator?

<p>Letter of Administration (D)</p> Signup and view all the answers

Which of the following is NOT a requirement for banks when dealing with intermediaries?

<p>Conducting the CDD themselves (B)</p> Signup and view all the answers

What is sufficient for opening a Savings Bank account for a Self Help Group?

<p>CDD of all office bearers (D)</p> Signup and view all the answers

In the context of trust/nominated or fiduciary accounts, who needs to be verified?

<p>Trustees, settlers, beneficiaries, and signatories (B)</p> Signup and view all the answers

When might Customer Due Diligence (CDD) of all SHG members be required?

<p>At the time of credit linking of SHGs (B)</p> Signup and view all the answers

What is the primary purpose of Customer Due Diligence (CDD) in banking?

<p>To ensure compliance with banking regulations (A)</p> Signup and view all the answers

For an account operated by a fiduciary, which of the following is essential?

<p>Confirming the purpose of the fiduciary's actions (B)</p> Signup and view all the answers

What level of management is responsible for the decision to open an account for a PEP?

<p>Senior management (D)</p> Signup and view all the answers

What type of monitoring is required for accounts opened for PEPs?

<p>Enhanced ongoing monitoring (D)</p> Signup and view all the answers

What must happen if an existing customer becomes a PEP?

<p>Senior management approval is required to continue the relationship (A)</p> Signup and view all the answers

Who is considered a Politically Exposed Person (PEP)?

<p>An individual with a prominent public position in a foreign country (A)</p> Signup and view all the answers

What is a guideline regarding the declaration of PEPs in the account opening form?

<p>The PEP/relative field must be filled out completely (D)</p> Signup and view all the answers

What should branches avoid while gathering information from customers classified as PEPs?

<p>Denying these customers banking services (A)</p> Signup and view all the answers

How are customers categorized as PEPs expected to receive service during account opening?

<p>They should not face any inconvenience or denial of banking services (C)</p> Signup and view all the answers

Which is not a risk associated with accounts of PEPs?

<p>Decreased potential for fraud (C)</p> Signup and view all the answers

What information must be included in the watermark on the captured live photograph of the customer?

<p>CAF number, GPS coordinates, authorized official's name, unique employee code, and date and time stamp (C)</p> Signup and view all the answers

What is a requirement for capturing the live photograph of the customer?

<p>The background should be of white color with no skew or tilt (C)</p> Signup and view all the answers

How should the live photograph of the original OVD be captured?

<p>Vertically from above without skew or tilt (A)</p> Signup and view all the answers

What should be done if a quick response (QR) code is available on documents?

<p>Auto populate the details by scanning the QR code instead of manual entry (D)</p> Signup and view all the answers

What action is taken after the completion of the process involving capturing photographs?

<p>Send an OTP message requesting verification before sharing it (C)</p> Signup and view all the answers

What should be done if the customer does not have their own mobile number?

<p>Utilize the mobile number of a family member or known person (C)</p> Signup and view all the answers

Which of the following statements is correct regarding the mobile number verification process?

<p>The mobile number used must not belong to an authorized officer (C)</p> Signup and view all the answers

In what manner should the live photograph of the customer be illuminated?

<p>Captured in proper light to ensure clarity and readability (A)</p> Signup and view all the answers

What is the minimum duration for which records of transactions between the RE and the customer must be maintained?

<p>Five years (D)</p> Signup and view all the answers

Which of the following must be preserved for at least five years after the customer relationship ends?

<p>Identification records (A)</p> Signup and view all the answers

What is the ultimate responsibility of the Bank concerning customer knowledge?

<p>To conduct customer due diligence independently (A)</p> Signup and view all the answers

When can the identification records and transaction data be made available to competent authorities?

<p>Upon request (D)</p> Signup and view all the answers

Which of the following is NOT required as part of maintaining transaction records according to PML Rule 3?

<p>Total profit from transactions (A)</p> Signup and view all the answers

Which step must be taken to ensure quick retrieval of account information when requested?

<p>Evolving a system for proper maintenance (C)</p> Signup and view all the answers

According to FATCA guidelines, for how long should transaction records be preserved?

<p>Ten years (C)</p> Signup and view all the answers

Which of the following is a critical aspect to record for transaction reconstruction?

<p>The currency used (A)</p> Signup and view all the answers

Flashcards

Intermediary

An organization that acts as a representative for others, facilitating transactions or managing assets.

Customer Due Diligence (CDD)

A process to verify the identity and legitimacy of clients to prevent financial crime.

Self Help Group (SHG)

A group of individuals that pool their resources and work together for mutual benefits.

Trust Account

An account held in the name of a trustee for the benefit of another person or entity.

Signup and view all the flashcards

Foundation

A legal entity with a specific purpose and governing documents.

Signup and view all the flashcards

Beneficiaries

Individuals who benefit from a trust or foundation.

Signup and view all the flashcards

Trustees

Individuals responsible for managing a trust or foundation.

Signup and view all the flashcards

Knowing Your Customer (KYC)

The ultimate obligation of a bank to properly identify and understand its clients during the account opening process.

Signup and view all the flashcards

Declaration of Beneficial Owners

A document that lists all the beneficial owners of a company and their shareholding, controlling interest, or stake. It's signed by an authorized representative of the company.

Signup and view all the flashcards

Certificate of Commencement of Business

A document issued by the Registrar of Companies that confirms a public limited company is legally allowed to start operating.

Signup and view all the flashcards

CIN (Corporate Identification Number)

A unique identification number assigned to each company in India. It's used for various official purposes and helps track company information.

Signup and view all the flashcards

Proof of Current Address

Proof that shows the company's current registered address. This can be a utility bill, rent agreement, or other supporting document.

Signup and view all the flashcards

Certificate of Registrar of Joint Stock Companies

A document provided by the Registrar of Joint Stock Companies certifying that the company is authorized to conduct business. It's needed when the company is a public company, registered after 1913, and inviting public investment.

Signup and view all the flashcards

Resolution Regulating Bank Account Conduct

A formal written resolution passed by the company's board of directors that outlines how the company's bank account will be managed and operated.

Signup and view all the flashcards

Authorized Signatory

An individual who is authorized to sign documents on behalf of the company, such as cheques or other financial instruments.

Signup and view all the flashcards

Minute Book

A formal record of the decisions made by the board of directors of a company. It's a permanent record of actions and resolutions.

Signup and view all the flashcards

What are Politically Exposed Persons (PEPs)?

Individuals holding prominent public positions in a foreign country, including heads of state, senior politicians, military officers, and executives of state-owned corporations.

Signup and view all the flashcards

How are PEP accounts handled?

Banks must implement enhanced monitoring procedures for accounts associated with PEPs to mitigate potential risks.

Signup and view all the flashcards

What happens if a customer becomes a PEP?

When an existing customer becomes a PEP, branches need approval to continue the business relationship.

Signup and view all the flashcards

What are the CDD measures for PEPs?

Enhanced due diligence (CDD) measures, including ongoing monitoring, are applied to PEP accounts.

Signup and view all the flashcards

How to manage non-face-to-face customers?

Banks need specific procedures to verify and monitor non-face-to-face customers, especially if they are high-risk.

Signup and view all the flashcards

What is the first payment rule for non-face-to-face customers?

The first payment for non-face-to-face customers should go through a KYC-compliant account in another bank.

Signup and view all the flashcards

What's required when a professional intermediary opens an account?

Banks need to identify clients when a professional intermediary opens an account on their behalf.

Signup and view all the flashcards

Can banks hold pooled accounts?

Banks may have options to hold pooled accounts managed by intermediaries for entities like mutual funds and pension funds.

Signup and view all the flashcards

Unique Employee Code

A unique identification number assigned by the RE to an employee responsible for data capturing.

Signup and view all the flashcards

Watermark for Live Photographs

A digital image with a timestamp incorporating the CAF number, GPS coordinates, authorized official's name, unique employee code, and the date and time of capture.

Signup and view all the flashcards

Offline Verification

The process of verifying the authenticity of a customer's identity by comparing the captured image of their Aadhaar card with their actual physical presence. This verification is conducted in person by the RE.

Signup and view all the flashcards

CAF (Customer Application Form)

A document used for capturing customer details and applications for various services.

Signup and view all the flashcards

QR Code (Aadhaar)

A QR code embedded within the physical or electronic Aadhaar card that contains information about the individual. When scanned, this code can automatically populate fields within the CAF, such as name, gender, date of birth, and address.

Signup and view all the flashcards

OTP (One Time Password)

A one-time password sent to the customer's mobile number to validate the information filled in the CAF.

Signup and view all the flashcards

Customer Signature (via OTP)

The act of the customer confirming the accuracy of the information filled in the CAF by using their mobile number to receive and validate an OTP.

Signup and view all the flashcards

Alternative Mobile Number for Customer Signature

The act of using the mobile number of a family member, relative, or known individual to receive and validate an OTP when the customer does not have their own mobile number. This is a valid alternative for customer signature on the CAF.

Signup and view all the flashcards

What is a PEP?

Politically Exposed Persons (PEPs) are individuals who hold or have held important public positions in a foreign country, such as heads of state, senior politicians, or military officials.

Signup and view all the flashcards

Why are PEPs considered high-risk?

Banks must take extra precautions when dealing with PEPs because they are considered high-risk customers. This involves enhanced due diligence and monitoring of their accounts.

Signup and view all the flashcards

What declaration should banks obtain from customers?

Banks should always obtain a declaration from customers about their PEP status. This includes confirming if they are a PEP or a relative of a PEP.

Signup and view all the flashcards

How should banks approach PEP customers?

Banks should gather sufficient information about PEP customers without putting them through unnecessary inconvenience or denying them banking services.

Signup and view all the flashcards

Who decides to open an account for a PEP?

The decision to open an account for a PEP should be made at a senior level in accordance with the Bank's Customer Acceptance Policy.

Signup and view all the flashcards

What happens to PEP accounts after opening?

All accounts of PEPs should be subject to enhanced monitoring on an ongoing basis. This includes reviewing transactions and activities for any suspicious patterns.

Signup and view all the flashcards

What happens if an existing customer becomes a PEP?

If an existing customer later becomes a PEP, senior management's approval is needed to continue the business relationship. This ensures that the bank is aware of the potential risks.

Signup and view all the flashcards

What regulations apply to PEP accounts?

All PEP accounts must follow standard Customer Due Diligence (CDD) measures, including enhanced monitoring. This ensures that the bank is compliant with regulations and reduces risks.

Signup and view all the flashcards

Transaction Record Maintenance

Maintaining records of all transactions for five years (or 10 years based on FATCA guidelines) from the date of each transaction.

Signup and view all the flashcards

Customer Information Preservation

Preserving customer identification and address records for at least five years after the end of the business relationship (or eight years as per FATCA).

Signup and view all the flashcards

Data Disclosure to Authorities

Providing access to customer identification records and transaction data to competent authorities upon request.

Signup and view all the flashcards

Record Keeping System

Implementing a system to maintain proper transaction records as per the Prevention of Money Laundering (Maintenance of Records) Rules, 2005.

Signup and view all the flashcards

Transaction Reconstruction Capability

Maintaining detailed information about transactions to allow reconstruction of individual transactions, including the nature of the transaction, the amount, the currency, the date, and the parties involved.

Signup and view all the flashcards

Account Information Retrieval System

Developing a system to store and access account information efficiently, allowing quick retrieval whenever needed.

Signup and view all the flashcards

Reliance on Intermediary Due Diligence

Banks have the right to rely on the due diligence conducted by a regulated intermediary if they have adequate systems for KYC compliance.

Signup and view all the flashcards

Ultimate Responsibility for KYC

Ultimately, banks are responsible for knowing their customers, regardless of relying on intermediaries.

Signup and view all the flashcards

Study Notes

Role Guide Cum Certification Manual

  • This manual is for the Liability Central Processing Centre (LCPC)
  • It was updated on 31/03/2024
  • Role Based Certifications (RBCs) were introduced in 2018 to equip staff with knowledge and skills to face banking industry challenges.
  • The manuals, training, and evaluation methods have been updated in recent years.
  • These updates include the use of SharePoint for learners, videos, PPTs, quizzes, booklets, and self-learning tools.
  • Learning objectives and recap questions are included in chapters to improve comprehension and real-life application.

Foreword

  • The goal of the RBCs training programs is to provide staff with expertise to ensure better customer service.
  • The manual aims to provide insight into current roles, conceptual clarity, and ways to mitigate risks.
  • The manual helps staff succeed in their roles.

Index

  • The manual provides a detailed index with topics.
  • Topics include Savings Bank/Current Account opening, C-KYC Introduction, Non-Personalized Welcome Kits (NPWKs), Foreign Accounts Tax Compliance Act (FATCA) and Common Reporting Standards (CRS), Operational Due Diligence, Cyber Frauds and Prevention Strategies.

Chapter 1: Savings Bank /Current Account opening in a Branch

  • KYC Guidelines are to be implemented while opening accounts.
  • The KYC process for new accounts is now standardized through the C-KYC process.
  • Customer requests are handled via CRF-1 and CRF-2 forms.

Chapter 2: C-KYC Introduction

  • The Central KYC Registry is a centralized repository of KYC records.
  • This will reduce the burden of producing KYC documents and getting them verified.
  • KYC application can be accessed by authorized institutions.
  • The PMLA (Prevention of Money Laundering Act, 2002) mandates the filing of electronic KYC records with the Central KYC Registry within 3 days of commencing an account relationship.
  • The process allows for retrieval of KYC records online using KYC identifiers.

Chapter 3: Scrutiny of images and Physical AOF at LCPC

  • The LCPC staff need to be conversant with updated KYC guidelines.
  • Control measures are needed for image scrutiny of AOFs and record maintenance.
  • All employees need to be conversant with KYC guidelines, or a detailed screening exercise must be performed.
  • The LCPC staff need a system for checking physical account opening forms.

Chapter 4: Non-Personalized Welcome Kits (NPWKs)

  • Bank often issues NPWKs (Non-Personalized Welcome Kits) immediately upon account opening.
  • NPWKs carry the following: cheque books, INB kits, ATM cards, customer care contact details, and manuals.
  • The importance of NPWKs is the speed of service and decongestion.
  • Threshold limits exist at the branch level.
  • Undelivered kits and issues need proper handling.

Chapter 5: Foreign Accounts Tax Compliance Act (FATCA) and Common Reporting Standards (CRS)

  • FATCA is a US law for counteracting tax evasion by collecting information on accounts maintained by US residents elsewhere.
  • It facilitates the automatic exchange of information regarding US taxpayers.
  • CRS (Common Reporting Standard) is an international standard for the automatic exchange of financial account information.
  • Two account types exist: Individual and Entity.

Chapter 6: CYBER FRAUDS AND PREVENTION STRATEGIES

  • Cyber-attacks, ranging from denial-of-service to ransomware, are an ever-present risk.
  • There are three key pillars of information security: Confidentiality, Integrity, and Availability.
  • Prevention, detection, and response strategies are needed to combat cyber threats.
  • The importance of security measures, like strong passwords and multi-factor authentication is highlighted.

Studying That Suits You

Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

Quiz Team

Related Documents

More Like This

Use Quizgecko on...
Browser
Browser