Dated 23rd March, 2021
N O T I C E
All Entities are hereby informed that the Exchange has received a Circular from SEBI Vide Ref. No. SEBI/HO/MIRSD/DOP/CIR/P/2021/31 dated March 10, 2021 regarding Rollout of Legal Entity Template. The contents of the said circular are reproduced hereunder for your information.
Quote:
CIRCULAR
SEBI/HO/MIRSD/DOP/CIR/P/2021/31 March 10, 2021
To,
All Recognized Stock Exchanges
All Recognized Depositories
Stock Brokers through Recognized Stock Exchanges
Depository Participants through Depositories
Association of Mutual Funds in India
All Mutual funds and AMCs through AMFI
Portfolio Managers
KYC Registration Agencies (KRAs)
Qualified Registrar to an Issue and Share Transfer Agents (QRTAs)
Alternative Investment Funds (AIFs)
Collective Investment Schemes (CIS)
Custodians
Investment Advisors
Dear Sir/Madam,
Subject: Rollout of Legal Entity Template
1. SEBI vide circular no. CIR/MIRSD/66/2016 dated July 21, 2016 on Operationalization of Central KYC Records Registry (CKYCR) directed the Registered Intermediaries (RI) to upload the KYC records with CKYCR, in respect of all individual accounts opened on or after August 01, 2016. Changes to the template, as and when required are released by CERSAI.
2. CKYCR, in its communication no. CKYC/2020/11 dated January 04, 2021 has specified that since CKYCR is fully operational for individual clients, it has been decided to extend CKYCR to Legal Entities (LE) as well. Accordingly, RIs shall upload the KYC records of LE accounts opened on or after April 01, 2021 on to CKYCR in terms of Rule 9 (1A) of the Prevention of Money Laundering (Maintenance of Records) Rules, 2005.
The LE Template and the Annexure thereof are attached as Annexure “A” and Annexure “B” respectively to this circular.
3. The LE template is made available by CERSAI in the CKYCR test environment (https://testbed.ckycindia.in/ckyc/index.php) enabling RIs to develop necessary infrastructure.
4. RIs shall ensure that in case of LE accounts opened prior to April 1, 2021, the KYC records are uploaded on to CKYCR when the updated KYC information is obtained/received from the client. RIs shall ensure that during such receipt of updated information, the clients’ KYC details are migrated to current Client Due Diligence (CDD) standards.
5. Further, to ensure that all existing KYC records of individual clients are incrementally uploaded on to CKYCR, RIs shall upload the KYC records pertaining to accounts of individuals opened prior to August 01, 2016, as and when updated KYC information is obtained/received from the client.
6. Where a client, for the purpose of establishing an account based relationship, submits a KYC Identifier to a RI, with an explicit consent to download records from CKYCR, then such RI shall retrieve the KYC records online from CKYCR using the KYC Identifier and the client shall not be required to submit the same KYC records or information or any other additional identification documents or details, unless there is a change in the information of the client as existing in the records of CKYCR.
7. Once KYC Identifier is generated by CKYCR, the RIs shall ensure that the same is communicated to the individual/legal entity.
8. The provisions of this circular are not applicable to Foreign Portfolio Investors (FPIs).
9. 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.
Yours faithfully,
Narendra Rawat
General Manager
Market Intermediaries Regulation and Supervision Department
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All Entities are requested to take note of the aforesaid guidelines of SEBI and act accordingly.
Dhiraj Chakraborty
Compliance Officer
