NRI can use UPI with foreign mobile no.
⛔ Restitution of Conjugal Rights
Received Notice for Money Laundering Case? Before appearing on summons at Enforcement Directorate and recording your statements, please make sure you've consulted with Ozg Lawyers
The offence of Money Laundering generally involve the following three stages namely placement, layering and integration.
๐ Placement:
The Money Launderer, who is holding the money generated from criminal activities, introduces the illegal funds into the financial systems. This might be done by breaking up large amount of money into less conspicuous smaller sums which are deposited directly into a Bank Account or by purchasing a series of financial products.
๐ Layering:
In this stage, the Money Launderer typically engages in a series of continuous conversions or movements of funds, within the financial or banking system by way of numerous accounts, so as to hide their true origin and to distance them from their criminal source. The Money Launderer may use various channels for movement of funds, like a series of Bank Accounts, sometimes spread across the globe, especially in those jurisdictions which do not cooperate in anti-money laundering investigations.
๐ Integration:
Having successfully processed through the first two stages of Money Laundering, the Launderer then moves to this third stage in which the funds reach the legitimate economy, after getting inseparably mixed with the legitimate money earned through legal sources of income. The Money Launderer might then choose to invest the funds into real estate, business ventures & luxury assets, etc. so that he can enjoy the laundered money, without any fear of law enforcement agencies.
The above three steps may not always follow each other. At times, illegal money may be mixed with legitimate money, even prior to placement in the financial system. In certain cash rich businesses like Gambling and Real Estate, the proceeds of crime may be invested without entering the mainstream financial system at all.
Before appearing on summons at Enforcement Directorate and recording your statements, please make sure you've consulted with Ozg Lawyers. Please, follow link at below to schedule your tele-appointment with Ozgian.
Ozg Lawyers: AML Advisory
₹3780 ☎️ ozglaw.com/appointment
WhatsApp๐ฒ WA.me/918779696580
The supporting case documents get you a better strength than anything else. You may consider taking services of Ozg Documentation Centre for the same.
Email: legal@documentationcentre.com
Punishment -
๐ Attachment of property under Section 5 of PMLA, 2002, seizure or freezing of property and records under Section 17 or Section 18 of PMLA, 2002. It is also applied on assets of any kind used in the commission of an offence under PMLA, 2002 or any of the scheduled offences.
๐ Persons found guilty of an offence of Money Laundering are punishable with imprisonment for a term which shall not be less than 3 years but may extend up to 7 years and shall also be liable to fine under Section 4 of PMLA, 2002.
๐ When the scheduled offence committed is under the Narcotic Drugs and Psychotropic Substances Act (NDPS), 1985 the punishment shall be imprisonment for a term which shall not be less than 3 years but which may extend up to 10 years and shall also be liable to fine.
๐ The prosecution or conviction of any legal juridical person is not contingent on the prosecution or conviction of any individual.
Before appearing on summons at Enforcement Directorate and recording your statements, please make sure you've consulted with Ozg Lawyers. Please, follow link at below to schedule your tele-appointment with Ozgian.
Ozg Lawyers: AML Advisory
₹3780 ☎️ ozglaw.com/appointment
WhatsApp๐ฒ WA.me/918779696580
The supporting case documents get you a better strength than anything else. You may consider taking services of Ozg Documentation Centre for the same.
Email: legal@documentationcentre.com
Enforcement Directorate (ED)
The ED has got following power -
๐ To provisionally attach any property derived or obtained, directly or indirectly, by any person as a result of criminal activity relating to a scheduled offence or the value of any such property under Section 5 of PMLA Act, 2002;
๐ To conduct survey of a place under Section 16 of PMLA Act, 2002;
๐ To conduct search of building, place, vessel, vehicle or aircraft & seize/freeze records & property under Section 17 of PMLA Act, 2002;
๐ To conduct personal search under Section 18 of PMLA Act, 2002;
๐ To arrest persons accused of committing the offence of Money Laundering under ection 19 of PMLA Act, 2002;
๐ To summon and record the statements of persons concerned under Section 50 of PMLA Act, 2002.
Before appearing on summons at Enforcement Directorate and recording your statements, please make sure you've consulted with Ozg Lawyers. Please, follow link at below to schedule your tele-appointment with Ozgian.
Ozg Lawyers: AML Advisory
₹3780 ☎️ ozglaw.com/appointment
WhatsApp๐ฒ WA.me/918779696580
The supporting case documents get you a better strength than anything else. You may consider taking services of Ozg Documentation Centre for the same.
Email: legal@documentationcentre.com
Time limit of Seizure -
๐ The property & record may, if seized be retained or if frozen may continue to remain frozen for a period not exceeding 180 days from the day on which such property or record were seized or frozen, unless the Adjudicating Authority permits retention of such record or property beyond the period of 180 days as per sections 20 & 21 of PMLA, 2002.
Arrest -
๐ The Authorized Officer making arrest shall, as soon as may be, inform the arrestee of the grounds for such arrest.
๐ Every person so arrested shall, within twenty four hours, be taken to a Judicial Magistrate or a Metropolitan Magistrate, as the case may be, having jurisdiction as per section 19 of PMLA, 2002.
๐ To get consultation on your case, please schedule a tele-appointment with Ozg Lawyers at link below or please write an email to: support@ozglaw.com
Ozg Lawyers: AML Advisory
๐ฒ WA.me/918779696580
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FATF FIU ozglaw Havala Hawala
FCRA Bank Account: The process flow after opening of account in case of NGO or Sec8 Company to receive foreign contribution through SWIFT mode
Franchise Forex Shop - Opening Procedure
The Reserve Bank of India (RBI) authorizes entities to deal in foreign exchange for specific purposes under section 10 of the Foreign Exchange Management Act (FEMA), 1999. To deal with forex, Authorized Dealer Category-1 Banks, Authorized Dealer Category-2 FFMCs can appoint their own franchisees. For obtaining a FFMC franchise license, an application shall be made in Form RMC-F to RBI accompanied by a declaration that adequate due diligence of the entity has been carried out prior to the entering into the Franchise Agreement. For RBI filing services or advisory from Ozg Lawyers, please WhatsApp๐ฑ8850585672 and/or email to: ask@fema.in
Following are the key points if FFMC intends to choose a franchise -
๐ Any entity with a place of business can be a franchise. It should have a municipal certification or pvt ltd including registration under Shop and Establishment act.
๐ A minimum net ownership of Rs 10 lakh is required for an entity.
๐ The franchisee can only do business that deals with forex in a particular shop.
๐ A franchise agreement must be agreed between the parties.
๐ Franchisee should use the name, exchange rate of their franchisor, and update to them prominently in their offices about the purchase of foreign currency.
๐ In case of closure, the franchise will surrender the foreign currency it had purchased to its franchisor within a period of only 7 days, the counting will begin from the date of purchase.
๐ It is the franchise's responsibility to track and manage the current appropriate transaction records.
Please, contact us for further questions or any case on RBI related matters.
FDI - Issue and Purchase of Shares by NRI / OCI & Foreigner in Indian Company
๐ There are two ways to Purchase of Shares by NRI / OCI & Foreigner in Indian Companies -
I) Automatic Route (no prior permission required) -
The companies operating in most of sectors or activities as specified in the Regulation 16 of FEMA 20 (R) are eligible for FDI through the automatic route. Under FEMA regulations, an Indian Company can issue shares under the automatic route to a person resident outside India except in bordering countries.
II) Approval Route (prior permission required) -
The sectors or activities not covered under the automatic route requires prior approval of the Government of India. Procedure for applying for Government approval is given at fifp.gov.in/Forms/SOP.pdf. For any questions or support, please email to: ask@fema.in
๐ Payment for Share Issued to NRI / OCI or Foreigner:
The most preferred way is the inward remittance through normal banking channel. Please, note NRO (or NRE) bank account can't be used for this purpose.
๐ RBI Compliance Filing for Issue and Purchase of Shares by NRI / OCI & Foreigner in Indian Companies.
There are only 3 compliance filings.
1) For foreign investment made by NRI / OCI and foreigner on a repatriable or non-repatriable basis, a report is to be filed with the Regional Office of the RBI within 30 days from the date of receipt of the amount by AD Category-1 bank.
2) FC-GPR for the acquisition of right shares and bonus shares.
3) FLA annual return at RBI operated FLAIR portal by the company before 15th July every year. To learn about it, please visit to: https://flair.rbi.ozg.in
๐ Board Resolution Sample for Issue of Shares to NRI / OCI & Foreigner in Indian Companies -
RESOLVED that subject to the terms and conditions specified from time to time by the Reserve Bank of India and/or Central Government under the Foreign Exchange Management Act, 1999 and subject to such other approvals, permission and sanctions as may be considered necessary and subject to the applicable provisions, if any, of the Companies Act, 2013, and subject to such conditions as may be prescribed by any of the authorities while granting such approvals/permissions/sanctions, and further subject to the approval of the Company at a General Meeting the Board of Directors of the Company be and is hereby authorised to allow Foreign Institutional Investors (FIIs), Non-Resident Indians (NRIs), and Overseas Citizens of India (OCIs) to acquire shares/debentures of the Company through direct subscription or thorugh stock exchanges in India under Portfolio Investment Scheme, and/or in accordance with other permissible modes.
RESOLVED FURTHER that the Board of Directors of the Company be and is hereby authorised to do all such acts, deeds, matters and things and to execute such documents or writings as may be necessary, proper or expedient for the purpose of giving effect to this resolution and for matters connected therewith or incidental or ancillary thereto.
RESOLVED FURTHER that the Company Secretary be directed to convene an Extraordinary General Meeting for this purpose and issue the notices with the relevant explanatory statement as per drafts placed before the meeting and approved.
๐ To get consultation on your case, please book a tele-appointment with Ozg Lawyers or please write an email to: ask@fema.in
Ozg Lawyers: FEMA Advisory
Regulatory Sandbox for Fintech by RBI
๐ There is absence of governing regulations;๐ There is a need to temporarily ease regulations for enabling the proposed innovation;๐ The proposed innovation shows promise of easing/effecting delivery of financial services in a significant way.
๐ Retail payments
๐ Money transfer services
๐ Marketplace lending
๐ Digital KYC
๐ Financial advisory services
๐ Wealth management services
๐ Digital identification services
๐ Smart contracts
๐ Financial inclusion products
๐ Cyber security products
๐ Mobile technology applications (payments, digital identity, etc.)๐ Data Analytics๐ Application Program Interface (APIs) services๐ Applications under block chain technologies๐ Artificial Intelligence and Machine Learning applications
๐ Credit registry๐ Credit information๐ Crypto currency / Crypto assets services๐ Trading/investing/settling in crypto assets๐ Initial Coin Offerings, etc.๐ Chain marketing services๐ Any product/services which have been banned by the Reserve Bank of India or Government of India.
Ozg Fintech Center
๐ฒ ask@ozgfinance.com
☎️ WA.me/918850585672







