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Centralized exchange in India

Order-book exchange that takes custody of user assets and matches trades between users.

Conditional AI-Generated · Unreviewed

CEX is conditionally permitted in India with a local entity, subject to AML obligations and medium licensing burden.

Verdict Details

Permitted
conditional
Local entity required
Yes
Licensing burden
Medium
Last updated
2026-07-13

AML Obligations

  • Register as a VDA Service Provider (reporting entity) with FIU-IND under the Prevention of Money Laundering Act (PMLA), 2002 as amended March 7, 2023
  • Implement transaction monitoring systems (risk-based, real-time) to flag suspicious activity including large transfers and structuring
  • Deploy blockchain analytics tools to identify high-risk patterns (e.g., chain-hopping, mixer usage)
  • Implement Travel Rule solutions for all VDA transfers — share originator/beneficiary details (name, account, address) via secure channels with screening, recordkeeping, and rejection of incomplete data
  • Screen wallets, addresses, and counterparties against OFAC SDN List and 50% Rule
  • Screen against UN Consolidated List (terrorists, proliferators)
  • Screen against EU Consolidated Financial Sanctions List
  • Freeze sanctioned cryptoassets immediately and report to relevant authorities
  • Comply with 1% TDS on transactions above INR 50,000 under Finance Act 2022 Section 115BBH
  • Report suspicious transactions (SARs) to FIU-IND; penalties up to 3x contravention value + imprisonment of 3-7 years under PMLA

Key Restrictions

  • Must be registered with FIU-IND as a VDA Service Provider; offshore exchanges not registered were blocked in January 2024 (Binance, KuCoin, etc.)
  • No comprehensive crypto custody framework exists — custody is covered only under FIU registration with no specific segregation rules
  • No specific framework for stablecoins, DeFi, or token issuance — RBI remains historically hostile to private crypto
  • RBI attempted outright ban in 2018 (reversed by Supreme Court 2020) — residual enforcement risk remains
  • Securities-classified tokens may fall under SEBI jurisdiction, adding potential dual-licensing burden
  • 30% flat tax on virtual digital assets under Finance Act 2022; 1% TDS on transactions above INR 50,000

Key Risks

  • No comprehensive crypto legislation exists despite being 'upcoming' since 2021 — regulatory ambiguity persists
  • RBI hostility to private crypto creates ongoing policy risk and potential future restrictions
  • Offshore exchanges blocked in 2024 demonstrate active enforcement against non-compliant VASPs
  • No specific custody or asset segregation rules — user asset protection framework is unclear in case of insolvency
  • Dual regulatory oversight possible (FIU-IND for AML, SEBI for token classification, RBI for payments/stablecoins) creates compliance complexity
  • PMLA penalties (up to 3x contravention value + 3-7 years imprisonment) and FEMA penalties (up to 3x amount) are severe

Evidence

This verdict synthesizes the following facts. Each fact links to its primary source(s).

licensing 90% confidence

India has no VASP licence: VDA service providers register with FIU-IND as PMLA reporting entities (guidelines effective 10 Mar 2023). PIB reported 31 registered as of 28 Dec 2023 and 50 as of 1 Oct 2025; FIU-IND publishes no register.

licensing 90% confidence

VDA exchanges (VDA–fiat and VDA–VDA) must register with FIU-IND under the PMLA; non-registered offshore exchanges received section 13 notices on 28 Dec 2023 (9), 1 Oct 2025 (25) and 9 Sep 2026 (15), with URL-blocking or IT Act s 79(3)(b) takedown action.

licensing 85% confidence

India has no custody-specific crypto framework; safekeeping or administration of VDAs, or of instruments enabling control over VDAs, is one of the five activities notified under PMLA s 2(1)(sa)(vi) on 7 Mar 2023, so custodians register with FIU-IND as reporting entities.

licensing 92% confidence

FIU-IND registers VDA service providers as reporting entities under the PMLA 2002 (FIU guidelines effective 10 Mar 2023); on 28 Dec 2023 it issued section 13 show-cause notices to nine offshore VDA service providers and asked MeitY to block their URLs.

licensing 75% confidence

SEBI does not license crypto exchanges or classify crypto tokens; the Ministry of Finance states that crypto products and NFTs are unregulated in India, and VDA service providers register with FIU-IND under the PMLA.

licensing 90% confidence

The RBI runs the e₹ CBDC, which is being piloted in retail and wholesale segments (RBI FAQ, 1 Oct 2026); its 6 Apr 2018 circular barring regulated entities from dealing in virtual currencies was set aside by the Supreme Court on 4 Mar 2020.

licensing 90% confidence

PMLA 2002 s 2(1)(sa)(vi): Ministry of Finance notification F.No. P-12011/12/2022-ES Cell-DOR of 7 Mar 2023 brought five VDA activities under the Act, and VDA service providers must register with FIU-IND as reporting entities (FIU guidelines effective 10 Mar 2023).

licensing 90% confidence

Finance Act 2022 inserted s 115BBH (30% tax on income from transferring a virtual digital asset, from AY 2023-24) and s 194S (1% TDS from 1 Jul 2022; none where a specified person pays up to ₹50,000 a year or another payer up to ₹10,000). Section numbers are those of the Income-tax Act 1961; the Income-tax Act 2025 replaced that Act from 1 Apr 2026 and also defines VDAs.

licensing 90% confidence

FIU-IND guidelines of 10 Mar 2023 (§11.3 "Travel Rule") require VDA service providers, under PMLA Rule 12(1)(a), to include accurate originator and beneficiary information on VDA transfers and to monitor for transfers lacking it; §11.3 states no threshold.

licensing 90% confidence

FIU-IND guidelines of 10 Mar 2023 (§6.1.3) require VDA service providers to monitor transactions passing through their systems and to maintain transaction monitoring systems that determine the origin of a VDA and monitor its destination.

licensing 20% confidence

Blockchain Analytics Tools: Supported indirectly. Sources highlight blockchain monitoring (e.g., SaaS models analyzing wallets, histories, and typologies like chain-hopping or mixers) as essential for VASP compliance, often integrated with transaction monitoring.

aml 88% confidence

The Prevention of Money-laundering Act 2002 was not amended to cover VDAs: the 7 March 2023 notification added VDA activities under s 2(1)(sa)(vi), so VDA service providers are reporting entities under s 2(1)(wa), bound by s 12 record-keeping and reporting duties and subject to FIU-IND penalties under s 13.

aml 85% confidence

FIU-IND issued AML & CFT Guidelines for Reporting Entities Providing Services Related to Virtual Digital Assets on 10 March 2023, effective immediately; FIU-IND lists an updated version dated 8 January 2026 and registration circulars of 4 July 2023, 17 October 2023, 20 January 2025 and 15 September 2025.

aml 90% confidence

VDA service providers were brought under the Prevention of Money-laundering Act 2002 by Ministry of Finance notification F.No. P-12011/12/2022-ES Cell-DOR of 7 March 2023, which designated five VDA activities under s 2(1)(sa)(vi); FIU-IND's AML & CFT guidelines for these providers took effect on 10 March 2023.

aml 90% confidence

Five VDA activities carried on for or on behalf of another person make a provider a PMLA reporting entity: VDA-fiat exchange, VDA-VDA exchange, VDA transfer, safekeeping or administration of VDAs, and financial services for an issuer's VDA offer; all must register with FIU-IND, which counted 31 registered providers on 28 December 2023 and 50 on 1 October 2025.

aml 88% confidence

FIU-IND's 10 March 2023 AML & CFT guidelines require VDA service providers to run transaction-monitoring systems that trace the origin and destination of VDAs (§6.1.3), expect blockchain-analytics and sanctions-screening tools in client due diligence (§5.8.5), and apply the travel rule to VDA transfers (§11.3).

aml 20% confidence

Screening obligations: Continuous screening of wallets, addresses, and counterparties against the Specially Designated Nationals (SDN) List (https://sanctionssearch.ofac.treas.gov), plus the 50% Rule (block entities owned ≥50% by SDN-listed persons) (https://ofac.treasury.gov/faqs/topic/1626). No crypto exceptions; includes sanctioned jurisdictions like Iran, North Korea, Syria, Cuba, Crimea/Donbas (https://ofac.treasury.gov/sanctions-programs-and-country-information).

aml 20% confidence

Screening obligations: Screen against UN Consolidated List (https://www.un.org/securitycouncil/content/un-sc-consolidated-list); covers terrorists, proliferators (e.g., North Korea).

aml 20% confidence

Screening obligations: Screen against EU Consolidated Financial Sanctions List (https://data.europa.eu/data/datasets/consolidated-list-of-persons-groups-and-entities-subject-to-eu-financial-sanctions?locale=en); ≥50% ownership threshold codified in 19th Russia package (Oct 2025), banning crypto exchanges/transactions with targets like Rosneft (https://amlwatcher.com/blog/ofac-ofsi-eu-un-sanctions-screening-guide/). Sectoral bans (e.g., Russian LNG/crypto) apply.

aml 0% confidence

Penalties: PMLA fines (up to 3x contravention value) + 3-7 years imprisonment; FEMA violations up to 3x amount.

travel-rule 90% confidence

India applies the travel rule to VDA service providers through §11.3 of FIU-IND's AML & CFT guidelines effective 10 March 2023, which cites PMLA Rule 12(1)(a) and sets no monetary threshold; INR 50,000 is the s 194S TDS limit for specified persons, not a travel-rule threshold.

travel-rule 85% confidence

FIU-IND's travel rule binds both originating and beneficiary VDA service providers, whether or not registered, and for transfers involving an unhosted wallet the compliance duty falls on the provider hosting the other wallet (guidelines of 10 March 2023, §11).

travel-rule 85% confidence

Under FIU-IND's 10 March 2023 guidelines, VDA service providers must monitor transactions for the origin and destination of VDAs, screen counterparties with blockchain-analytics and sanctions tools, and transmit originator and beneficiary data with each VDA transfer, flagging transfers that lack it.

travel-rule 85% confidence

The travel rule for VDA service providers rests on the Prevention of Money-laundering Act 2002 and its rules: FIU-IND's 10 March 2023 guidelines ground §11.3 in Rule 12(1)(a) and apply it to providers designated by the 7 March 2023 notification under s 2(1)(sa)(vi).

travel-rule 80% confidence

FIU-IND AML & CFT Guidelines for VDA service providers: Referenced in implementation overview.

Verdict Attribution

Source:
AI-Generated · Unreviewed
AI synthesized:
2026-07-13 (deepseek-chat)
Last updated:
2026-07-13
Confidence:
medium

This verdict was produced by an AI model from the underlying facts. Confirm with counsel before relying on it for material decisions.

Conditional — a centralized exchange may operate in India only after registering as a VDA Service Provider with FIU-IND (mandatory under PMLA), complying with stringent AML/CFT obligations including Travel Rule implementation and transaction monitoring, and navigating the absence of a comprehensive crypto framework plus residual RBI hostility.

Questions this verdict aims to answer

  • What exchange / VASP license applies?
  • What custody segregation rules apply to user assets?
  • What market-conduct and listing rules apply?
  • What travel-rule obligations apply on withdrawals?