AML-Policy

1. INTRODUCTION

Virtual Block Innovations Pvt. Ltd. which term shall refer to and include its owners, its subsidiaries and affiliated companies, directors, investors, employees, officers, representatives, affiliates, or other related parties.

Persons availing of any of the services from Fynzon or engaging in any transactions on any digital/non-digital platform provided or operated by Fynzon, directly or indirectly, are referred to herein as "Users".

This is an agreement between Fynzon and the User, which is binding on the User. All Users are required to comply with the terms of this agreement at all times, and any instance of non-compliance will result in the termination of such user's accounts on the Fynzon platform, and in appropriate reporting of the circumstances of such non-compliance and such termination to the relevant statutory authorities.

Integrity, honesty and ethical business practices are some of the core values of Fynzon, and Fynzon strongly condemns any and all activities related to terrorism, money laundering, and all other unlawful actions. In order to prevent misuse of the services provided on the Fynzon platform, Users are required to strictly comply with the terms contained herein, which forms part and parcel of the User Terms of Service. Terms not defined herein shall carry the same meaning as in the Terms & Conditions, and in the absence thereof, to general usage and parlance.

Users are required to read, review, understand and agree to the terms hereunder for using or availing of the Fynzon Services. If User do not agree with any terms herein, then User should not register with Fynzon Platform.

This Anti-Money Laundering Policy (hereinafter referred to as the "AML Policy") supersedes and replaces any and all prior oral or written understandings or agreements between Fynzon and the User with respect to the AML Policy.

Money laundering is criminalized primarily by means of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 ("AML/CTF Act").

The regulations contain detailed provisions on the measures and procedures to be maintained and applied by subject persons, including customer due diligence measures, record keeping procedures and reporting procedures, etc.

2. Definitions

All terms defined in the Terms of Service and the Privacy Policy will carry the same meaning, force and effect in this AML Policy.

2.1 Money-Laundering (“ML”) refers to:

  (a) The conversion or transfer of property knowing or suspecting that such property is derived directly or indirectly from, or the proceeds of criminal activity or from an act or acts of participation in criminal activity, for or purposes of concealing or disguising the origin of the property or of assisting any person or persons involved or concerned in criminal activity.

  (b) The concealment or disguise of the true nature, source, location, disposition, movement, rights with respect to, in or over, or ownership of property, knowing or suspecting that such property is derived directly or indirectly from criminal activity or from an act or acts of participation in criminal activity.

  (c) The acquisition, possession or use of property knowing or suspecting that the same was derived or originated directly or indirectly from criminal activity or from an act or acts of participation in criminal activity.

  (d) Retention without reasonable excuse of property knowing or suspecting that the same was derived or originated directly or indirectly from criminal activity or from an act or acts of participation in criminal activity.

  (e) Attempting any of the matters or activities defined in the above foregoing sub-paragraphs (a), (b), (c) and includes acting as an accomplice in respect of any of the matters or activities defined in the above foregoing sub-paragraphs.

2.2 PEP    refers to individuals who are or have been entrusted with prominent public functions, their immediate family members or persons known to be close associates of such persons but shall not include middle ranking or more junior officials. As per the Anti-Money Laundering and Counter-Terrorism Financing Rules Instrument 2007 (No. 1), “PEP” means an individual:

  (a) Who holds a prominent public position or function in a government body or an international organisation, including:

    (1) Head of State or head of a country or government or

    (2) Government minister or equivalent senior politician or

    (3) Senior government official or

    (4) Senior foreign representative, ambassador, or high commissioner or

    (5) High-ranking member of the armed forces or

    (6) Board chair, chief executive, or chief financial officer of, or any other position that has comparable influence in, any State enterprise or international organisation and

  (b) who is an immediate family member of a person referred to in paragraph 2.2 (a), including:

    (1) a spouse or

    (2) a de facto partner or

    (3) a child and a child's spouse or de facto partner or

    (4) a parent and

  (c) who is a close associate of a person referred to in paragraph 1.2 (a), which means any individual who is known (having regard to information that is public or readily available) to have:

      (1) joint beneficial ownership of a legal entity or legal arrangement with a person referred to in paragraph 2.2 (a) or

      (2) sole beneficial ownership of a legal entity or legal arrangement that is known to exist for the benefit of a person described in paragraph 2.2 (a).

2.3 "Principal Officer" means the officer appointed by Fynzon to administer Fynzon's anti-money laundering measures.

2.4 "Senior Management" means such directors, officers or other personnel of Fynzon as are specifically designated to monitor and ensure know-your-customer compliance and the operation of Fynzon's internal audit systems.

2.5 "Suspicious Transaction" means a transaction, whether or not made in cash which, to a person acting in good faith:

  (1) give rise to a reasonable ground of suspicion that it may involve proceeds of an offense regardless of the value involved or

  (2) appears to be made in circumstances of unusual or unjustified complexity or

  (3) appears to have no economic rationale or bona fide purpose or

  (4) gives rise to a reasonable ground of suspicion that it may involve financing of the activities relating to terrorism.

3. The MLRO

3.1 A local Money Laundering Reporting Officer ("MLRO") has been appointed who directly reports to the local management and for whom the local management is directly responsible.

The local MLRO is committed to undertake the following tasks:

Receive internal reports of suspicious transactions.

Endeavour to ensure the Company has a fully integrated Chain Analysis tool for all incoming and outgoing transactions.

Make external reporting to the relevant local authorities wherever applicable.

Provide annual reporting to the local management (the report should cover the results of any AML control activities, notification of suspicious transactions, employee training, implemented AML prevention activities).

Examine all unusual and conspicuous transactions and behavior either as an outcome from monitoring systems or otherwise detected.

Daily check of Users against recognized "black lists" (e.g. OFAC, UN, EU, DFAT), aggregating transfers by multiple data points, placing Users on watch and service denial lists, opening cases for investigation where needed, sending internal communications and filling out statutory reports, if applicable.

Develop procedures and policies to detect and prevent money laundering.

Periodically review the effectiveness of policies and procedures with regards to prevention and reporting of any illegal activity.

Establish staff training.

Advise and inform all employees.

3.2 The MLRO shall be responsible for overseeing all aspects of the service provider's AML/ CFT activities. The Company shall ensure that the MLRO has sufficient resources available to him or her in order to ensure compliance with the Company's AML/ CFT policy.

The MLRO shall be responsible for:

  (1) receiving reports of knowledge or suspicion of ML/ Funding of Terrorism.

  (2) considering such reports to determine whether knowledge or suspicion of ML/Funding of Terrorism subsists.

4. Maintenance of Records

Fynzon shall maintain a record of, and has evolved an internal mechanism to detect, the following:

4.1 Details pertaining to User transactions, including but not limited to:

  - the nature of the transactions

  - the amount of the transaction and the currency in which it was denominated

  - the date on which the transaction was conducted and

  - the parties to the transaction

4.2 All details for the following categories of User transactions, separately from those recorded under 4.1 above:

  (1) All Suspicious Transactions by way of deposits and credits, withdrawals into or from any accounts in whatsoever name they are referred to in any currency maintained by way of cheques including third party cheques, pay orders, demand drafts, or any other instrument of payment of money including electronic receipts or credits and electronic payments or debits; or transfers from one account within the same banking company, financial institution and intermediary or any other mode in whatsoever name it is referred to;

  (2) credits or debits into or from any non-monetary accounts such as demat account, security account in any currency maintained by Fynzon.

  (3) money transfer or remittances in favour of own Users or non-Users from abroad and to third party beneficiaries or abroad including transactions on its own account in any currency by any of the following:

    - demand drafts, or

    - telegraphic or wire transfers or electronic remittances or transfers, or

    - internet transfers, or

    - Automated Clearing House remittances, or

    - any other mode of money transfer by whatever name called

5. Procedure and Manner of Maintaining Information

5.1 Fynzon will maintain hard and soft copies of the above-mentioned records of Transactions in accordance with the procedure and manner, as may be specified under applicable laws or regulations, from time to time.

5.2 In addition to the above, Fynzon shall maintain records of transactions, as per its prevailing processes.

6. Disclosure of Records:

6.1 Fynzon may be required and / or directed to cooperate and aid the government and / or law enforcement authorities, police, investigating agencies, or Tribunals and Courts within the said territory.

6.2 In such cases, subject to applicable laws with respect to data protection, Fynzon shall be entitled to disclose any information about the User that is in its possession or control, including to government or law enforcement officials, police, investigating agencies, Tribunals and Courts within and outside the said territory.

6.3 In particular, Fynzon shall be entitled to initiate processes and disclosures, including but not limited to the following circumstances:

  (1) information pertaining to or in pursuance of claims and legal process (such as summons / warrants).

  (2) to protect Fynzon's property, rights, and safety and the property, rights, and safety of a third party or the public in general.

  (3) to identify and stop any activity that Fynzon considered illegal, unethical, or legally actionable.

  (4) Fynzon also compiles records and audit and compliance notes to determine the efficacy of its internal audit systems on an ongoing basis, and such notes are submitted to Fynzon's audit committee on a quarterly basis for this purpose.

7. Client Risk Categorization

7.1 Based on the various factors and risk parameters, the clients shall be categorised into “High”, “Medium” and “Low” risk categories. Frequency of risk monitoring for High Risk Customer should be Annual, Medium Risk Customer should be Two years and Low Risk Customer should be Three Years.

7.2 Certain clients may be of a higher or lower risk category depending on the circumstances such as the client's background, type of business relationship or transaction, etc. The illustrative factors for risk profiling is given as under (list is indicative and can be expanded as per business requirements and experience):

  (a) Geographical Location and Category of client.

  (b) Nature of Business activity.

  (c) Financial Health vs Trade Volume.

  (d) Income Range.

7.2 Risk based Monitoring approach shall be followed. Broad categories of monitoring and reason for suspicion and examples of suspicious transactions for Fynzon are indicated as under:

  (a) Identity of Client

    - False identification documents.

    - Identification documents which could not be verified within reasonable time.

    - Doubt over the real beneficiary of the account.

    - Accounts opened with names very close to other established business entities.

  (b) Suspicious Background

    - Suspicious background or links with known criminals

  (c) Multiple Accounts

    - Large number of accounts having a common account holder or authorised signatory with no rationale.

    - Unexplained transfers between multiple accounts with no rationale.

  (d) Activity in Accounts

    - Unusual activity compared to past transactions

    - Sudden activity in dormant accounts

    - Activity inconsistent with what would be expected from declared business

  (e) Nature of Transactions

    - Unusual or unjustified complexity

    - No economic rationale or bonafide purpose

    - Source of funds are doubtful

  (f) Value of Transactions

    - Value just under the reporting threshold amount in an apparent attempt to avoid reporting

    - Inconsistent with the clients apparent financial standing

    - Inconsistency in the transactions pattern by Customers.

7.2 Fynzon will ensure that information sought from the customer is relevant to the perceived risk, is not intrusive, and is in conformity with the guidelines issued in this regard. Any other information from the customer will be sought separately with the client's consent and after opening the account.

8. Exception Handling

Exceptions to this Policy are subject to the approval, and at the sole discretion of Fynzon Chief Compliance Officer, or a designated person. All exceptions must be documented, with reasons for the exceptions, including expiration or review date and, wherever necessary, including an action plan and timelines for compliance with the policy.

Without prejudice to the generality of the foregoing, screening of all individuals and entities against sanction programs such as for international/local sanction lists e.g UN, OFAC, EU, DFAT shall be undertaken and is mandatory. This is to ensure that the Company does not deal with any sanctioned individuals or entities. No accounts will be opened by Fynzon for any User who appears on the international sanction lists and local country watchlist of the jurisdiction i.e. DFAT that Fynzon business operates.

9. Enhanced Due-Diligence [“EDD”]

9.1 In risk-sensitive instances or where the customer is not present and there is some doubt e.g. due to online applications via its platform, the Company shall apply EDD measures. EDD measures are additional measures to the CDD measures.

9.2 EDD measures are applied in order to ensure that the higher risks presented by certain Customers and transactions are better monitored and managed to avoid any involvement in ML/Funding of Terrorism. Thus, the Company applies EDD measures when the Operations Department classifies the Customer as high risk and, in all cases, where the customer is not present.

9.3 EDD measures are applied in the following cases:

  (a) where the Applicant has not been physically present for identification purposes and classified as high risk subject to the Company's CDD measures.

  (b) in relation to cross-border correspondent banking relationships or

  (c) in relation to a Business Relationship or Occasional Transaction with a PEP.

9.4 In the above-mentioned instances, the MLRO and the Designated Employee/s are to be consulted in order to confirm which of the EDD measures indicated hereunder are to be applied whenever the applicant is not present and classified as high risk customer (i.e. for non-face-to-face applicants i.e. online applications).

9.5 In addition to the three (3) specific instances mentioned above, the Company shall also conduct EDD measures in relation to a Business Relationship or a transaction connected to a jurisdiction listed under the public documents issued by the FATF as required in the guidance note on high-risk and non-cooperative jurisdictions.

(NOTE: the Company restricts these clients at this stage, so the previous provisions are in case these may change in the future).

9.6 Although only three (3) relationships are mentioned above, there may be other situations which, by their nature, can present a higher risk of ML/ Funding of Terrorism. The MLRO shall, therefore, use his/her discretion when applying EDD measures in such situations. The MLRO shall ensure that such measures are applied on a risk-sensitive basis and should be appropriate in view of the higher risk of ML/ Funding of Terrorism.

NON-FACE-TO-FACE APPLICANTS

In addition to the identification and verification of identity measures to be carried out in accordance with the Identification and Verification of the Customer Section, the Operations Department shall apply one (1) or more of the following measures:

  A) ENSURE THAT THE FIRST PAYMENT OR TRANSACTION INTO THE ACCOUNT IS CARRIED OUT THROUGH AN ACCOUNT HELD BY THE APPLICANT IN THEIR NAME WITH A CREDIT INSTITUTION AUTHORIZED UNDER THE BANKING ACT (Act No. 6 of 1959 as amended) OF AUTHORISED IN ANOTHER MEMBER STATE OF THE COMMUNITY OR IN A REPUTABLE JURISDICTION.

This measure entails a bank-to-bank transfer from an existing account through which the Customer would have already been identified by the Company. Therefore, the first payment or transaction into the account held by the Applicant may be an electronic card payment only where the electronic card used to affect the payment is linked to an account held by the payer with a credit institution. In such an instance, the Customer must provide the service provider's statement form the same Bank that proves that the credit card used is linked to the Customer's account with that Bank. Prepaid credit cards and E-money payments are not admissible for EDD purposes.

Note: This is the default check and will be incorporated into the checks by Operations.

POLITICALLY EXPOSED-PERSONS (“PEPs”)

At the initial on-boarding stage (or if the client has been flagged as a PEP from a new review): The Company shall obtain such information directly from the Applicant (as part of the on-boarding questions) or from other readily available sources such as Experian, World Check, newspapers etc (the Company will automatically check if the Applicant is flagged as a PEP in the Watchlists of Experian on an automated basis). The Board of Directors' or Senior Management approval is required in those cases where the Customer is categorized as a PEP. The application of EDD measures to PEPs is mandatory as long as the PEP remains entrusted with a prominent public function for a subsequent twelve (12) months from when he ceases to be so entrusted.

10. Ongoing Due Diligence Measures For Transactions On The Fynzon Platform

10.1 Fynzon shall exercise ongoing due diligence with respect to the business relationship with every User and closely examine the transactions in order to ensure that they are consistent with their knowledge of the User, his/her business and risk profile and where necessary, the source of funds.

10.2 Fynzon will also review its due diligence measures and undertake measures to re-verify the identity of a User and obtain further information on a User's activities, if Fynzon has any suspicions of money laundering or the financing of terrorism.

10.3 All due diligence undertaken by Fynzon is documented, designed to consider all relevant risk factors in determining overall risk and the appropriate mitigation measures, is kept up to date; and will always be available to the relevant authorities and self-regulating bodies.

10.4 Fynzon will verify the identity of Users while carrying out large transactions whether through a single transaction or a series of connected transactions.

10.5 Once a User has participated in transactions of a total value of at least over the course of his/her engagement with the Fynzon platform, or foreign currency on the Fynzon Platform, Fynzon will also conduct "chain analysis" to identify the relevant public address for such User and earmark such User as either as "high risk", "medium risk", or "low risk" based on parameters such as the use of currencies by such Users at online gambling websites, darknet websites, etc.

Foreign currency may be revised by Fynzon from time to time, based on Fynzon's determination of appropriate thresholds in accordance with ongoing compliance measures, and if so required under applicable Law.

10.6 Fynzon will, in particular, monitor the following categories of transactions, and will conduct due diligence on an ongoing basis on them:

  (1) large, complex transactions, including those with unusual patterns that are inconsistent with a User's normal / expected level of activity, without an apparent economic rationale or legitimate purpose; and   (2) transactions that involve high account turnover, inconsistent with the size of the balance ordinarily maintained by a User. 10.7 Fynzon will require Users to specify a bank account in the User's own name ("the User Bank Account") to which Fynzon will credit any funds payable to the User pursuant to the User's trading activity on the Fynzon Platform. Users may request for Fynzon, from time to time, to change their User Bank Account, provided always that Fynzon will only entertain requests that are:

    (i) in writing

    (ii) specify a new bank account that is in the name of the User, and

    (iii) subject to Fynzon being satisfied, at its sole discretion, that the changing of bank account does not otherwise contravene Fynzon's AML Policy. Otherwise, Users are hereby notified that as a matter of strict policy Fynzon will not entertain any request to credit the User's funds into a bank account other than the User Bank Account.

10.8 As Users are not face-to-face customers of Fynzon, Fynzon may be required to undertake enhanced due diligence, including certification of all documents provided by the Users, calling for additional documents whenever necessary, and requiring that the first payments made by such Users be effected through the User's KYC-compliant account with a bank. Any such requirements, as may be imposed under Applicable Law, will be incorporated into this AML Policy, and Fynzon reserves the right to update the AML Policy for this purpose.

10.9 Fynzon's staff are trained in Fynzon's due diligence and anti-money laundering measures, as well as all requirements prescribed under Applicable Law for this purpose and may be contacted at info@fynzon.com if any User has questions or concerns about any of measures contained in this AML Policy.

11. SUSPICIOUS MATTER REPORT (“SMR”)

11.1 In the event of knowledge or suspicion of ML/ Funding of Terrorism, and any knowledge, suspicion or reasonable grounds to suspect that the funds used in a transaction are the proceeds of a crime, the Company shall proceed as follows:

  (i) the Company's employee who has knowledge or suspicion of such ML/ Funding of Terrorism, shall report this matter to the MLRO.

  (ii) once the MLRO has received all information relating to the knowledge or suspicion reported by the employee, he shall, together with the assistance of the Designated Employee/s, carry out a further investigation into the matter.

  (iii) if the MLRO decides not to submit the report, he shall prepare a detailed report explaining his findings and the reasons for his decision and such report shall be kept in the Company's records and retained for a period of seven (7) years in accordance with the Record Keeping Section above.

12. Obligation On The Part Of The User

The User hereby agrees and undertakes to not indulge, assist, abet and encourage in any manner whatsoever, in any activity involving money laundering or financing of any illegal or unlawful activities.

13. Retention of Records

Part 10 of the AML/CTF Act outlines the types of records Fynzon must retain, which includes records of or about:

  – transaction records

  – electronic funds transfers

  – customer identification procedures

  – AML/CTF programs and

  – due diligence assessments of correspondent banking relationships.

The AML/CTF Act requires reporting entities to retain records for seven(7) years after ceasing to provide a designated service – this is longer than the maximum period permitted under Part IIIA of the Privacy Act 1988 for retaining these types of records (generally five years). As such Fynzon shall maintain records of the identity of Users in soft copies in a manner, as may be specified under the AML/CTF Act or such applicable laws or regulations, from time to time, and in the absence thereof, from the date of cessation of the transactions between the User and Fynzon for a period of Seven (7) years.

14. Notices

14.1 Any notice or other communication provided for in this Agreement shall be sent only through electronic mail. User hereby agrees to receive electronic or any other form of communication and notifications from Fynzon. Email messages sent over the Internet are not always secure and Fynzon is not responsible or liable for non-receipt of such communication by User. Once the email is dispatched by Fynzon, it shall be deemed to have been served on the User. Fynzon shall be deemed to have received communications from the User only upon actual receipt into the Inbox of the account of the person to whom such communication is addressed and acknowledged. Fynzon shall not be liable or responsible for non-receipt of communications or for any damages incurred by the result of sending email messages over the Internet.

14.2 All communications to User shall be at the electronic mail address provided by User, as part of the KYC norms. User shall ensure that any change in the electronic mail address or communication option is duly intimated to Fynzon.

15. Successors

This Agreement shall bind and inure to the benefit of the parties, and their respective successors and permitted assigns.

16. Severability

16.1 The invalidity or unenforceability of any provision of this Agreement shall not in any way affect, impair or render unenforceable this Agreement or any other provision contained herein, which shall remain in full force and effect.

16.2 This Agreement shall be considered divisible as to such provision, which is deemed to be invalid or unenforceable, the remainder of this Agreement shall be enforceable and binding on the Parties.

17. Waiver

No provision of this Agreement may be waived or changed except by a writing signed by the party against whom such waiver is sought to be enforced. The failure or omission by either party at any time to enforce or require strict or timely compliance with any provision of this Agreement shall not affect or impair that provision or any other provision in any way or the rights of such party hereof, to avail itself of the remedies it may have in respect of any subsequent breach of that or any other provision.

18. Recitals

The Recitals, Schedules and Annexures in this Agreement shall form part of this Agreement and the contents thereof shall be read into this Agreement. Headings are for the purpose of easy reference and shall not affect the meaning or interpretation of this Agreement.

19. Entirety

This Agreement, and the other agreements contemplated hereby, constitute the entire agreement.

20. Designated Director and Principal

Fynzon shall appoint a Principal Officer and a Designated Director who will be designated Senior Management as required under Applicable Law, along with setting up a compliance team, who shall be responsible for ensuring compliance, monitoring transactions, and sharing and reporting information as required under the law/regulations.

21. Modifications

21.1 These terms may be periodically reviewed and revised. The revised terms will be uploaded on the Fynzon Website and will reflect the modified date of the terms. The User is required to periodically visit the website and review the terms and any changes thereto.

21.2 Continued use of the Fynzon Services constitutes the agreement of User to the terms contained herein and any amendments thereto.

21.3 This agreement or the responsibilities or benefits arising therefrom cannot be assigned by User save and except with the prior written consent of Fynzon.

22. Miscellaneous

All other provisions of the Fynzon Terms of Service shall be read into this policy and shall form part hereof, including Governing Laws and Jurisdiction, notices, severability, assignment and such or other provisions.