ARTICLE
18 December 2015

Applicability Of The Prevention Of Money Laundering Act, 2002 (PMLA) On A Foreign Subsidiary Of An Indian Company

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Vaish Associates Advocates

Contributor

Established in 1971, Vaish Associates, Advocates is one of the best-known full-service law firms in India. Since its inception, it continues to serve a diverse clientele, including domestic and overseas corporations, multinational companies and individuals. Presently, the Firm has its operations in Delhi, Mumbai and Bengaluru.
Sec. 2 (1) (ra) of the Prevention of Money Laundering Act, 2002, answers the question regarding the applicability of the Prevention of Money Laundering Act, 2002 (PMLA) on a Foreign Subsidiary of an Indian company.
India Government, Public Sector
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Article by Vijay Pal Dalmia, Advocate, Supreme Court of India and Delhi High Court, Partner & Head of Intellectual Property Laws Division, Vaish Associates Advocates, India. The Author may be reached at vpdalmia@vaishlaw.com.

Sec. 2 (1) (ra) of the Prevention of Money Laundering Act, 2002 (http://fiuindia.gov.in/pmla-section2.htm ), answers the question regarding the applicability of the Prevention of Money Laundering Act, 2002 (PMLA) on a Foreign Subsidiary of an Indian company.

Sec. 2 (1) (ra) of the PMLA, while defining the "offence of cross border implications", answers the question above, as—

  • any conduct by a person
  • at a place outside India
  • which constitutes an offence at that place outside India,

AND

  • which would have constituted an offence specified in Part A, Part B or Part C of the Schedule of PMLA,
  • had it been committed in India,

AND

  • if such person
  • transfers in any manner
    • the proceeds of such conduct or part thereof to India;

OR

any offence specified in Part A, Part B or Part C of the Schedule of PMLA

  • which has been committed in India,

AND

  • the proceeds of crime, or part thereof
  • have been transferred to a place outside India,

OR

  • any attempt has been made to
  • transfer the proceeds of crime, or part thereof
  • from India
  • to a place outside India.

So, PMLA would be applicable on a subsidiary of an Indian Co., located at overseas jurisdiction, provided the ingredients of the above offence related to cross border transaction are applicable.

© 2015, Vaish Associates, Advocates,
All rights reserved with Vaish Associates, Advocates, 10, Hailey Road, Flat No. 5-7, New Delhi-110001, India.

The content of this article is intended to provide a general guide to the subject matter. Specialist professional advice should be sought about your specific circumstances. The views expressed in this article are solely of the authors of this article.

ARTICLE
18 December 2015

Applicability Of The Prevention Of Money Laundering Act, 2002 (PMLA) On A Foreign Subsidiary Of An Indian Company

India Government, Public Sector

Contributor

Established in 1971, Vaish Associates, Advocates is one of the best-known full-service law firms in India. Since its inception, it continues to serve a diverse clientele, including domestic and overseas corporations, multinational companies and individuals. Presently, the Firm has its operations in Delhi, Mumbai and Bengaluru.
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