In a landmark move, the Enforcement Directorate (ED) has announced a new framework to release assets attached under the Prevention of Money Laundering Act (PMLA) for use in Insolvency and Bankruptcy Code (IBC) resolution cases.
This coordinated step — between the ED and the Insolvency and Bankruptcy Board of India (IBBI) — aims to unlock the value of assets earlier frozen during money laundering probes, ensuring creditors, banks, and homebuyers get maximum recovery through the insolvency process.
Why This Matters
Until now, if a company under insolvency had its assets attached by ED under PMLA, those properties could not be sold or used by the Resolution Professional — even when a resolution plan was ready.
This created long delays and value erosion for creditors and homebuyers stuck in stalled projects or bankrupt real estate companies.
Now, ED has introduced a standard mechanism for restitution (release) of such assets, allowing them to be used in the Corporate Insolvency Resolution Process (CIRP) or liquidation — with strict safeguards.
How It Works
- Resolution Professionals (RPs) can now file applications before the PMLA Special Court under Sections 8(7) or 8(8) of the Act to request release of attached assets.
- A standard undertaking — finalised jointly by ED and IBBI and circulated on November 4, 2025 — must be submitted by the Insolvency Professional.
- The undertaking ensures that:
- Released assets are used only for creditors’ benefit, not for promoters or accused persons.
- Full reporting and compliance continue until the insolvency resolution is complete.
- Quarterly reports are submitted to the Special Court showing how restituted assets are being used or monetised.
Safeguards Built In
To prevent any misuse:
- Restituted assets cannot be sold to any ineligible promoter or related party (under Section 29A or 32A of IBC).
- Insolvency Professionals must disclose all attached properties in the Information Memorandum or Auction Notice.
- ED will continue to receive cooperation and updates on:
- PUFE (Preferential, Undervalued, Fraudulent, Extortionate) transactions,
- Committee of Creditors’ structure, and
- Details of the successful bidder or resolution applicant.
The undertaking remains valid until the resolution plan or dissolution order is approved by the NCLT.
Why It’s a Big Policy Shift
This marks a turning point in India’s enforcement and insolvency coordination.
Previously, strict PMLA attachments often clashed with IBC resolution efforts — leaving projects stuck and creditors helpless.
Now, ED and IBBI have clarified that “enforcement and value recovery are not conflicting goals.”
Instead, when aligned, they ensure that:
- Economic offenders are prosecuted, and
- Public and creditor interests are protected through lawful recovery.
Impact on Real Estate & Homebuyers
Many stalled housing projects — where developer companies face both PMLA probes and insolvency — can now move forward under this framework.
Attached lands or unfinished towers may now be legally restored to the insolvency process, paving the way for homebuyer refunds or possession through resolution plans.
