Archive · 7 Nov 2025
IBBI Directs Insolvency Professionals to Seek Asset Restitution Under PMLA
Imagine a company is in financial trouble and needs help.
Sometimes, the government's Enforcement Directorate (ED) freezes or takes away some of the company's valuable things because they suspect they were involved in illegal money activities.
Now, a group called the IBBI is telling the people helping the company (insolvency professionals) that they can ask a special court to return those frozen things.
This is so the company can have more value to pay back its debts.
To do this, the insolvency professionals have to promise they will use the returned assets correctly and not let anyone accused of illegal money activities benefit from them.
They also need to tell the court what they're doing with the assets every few months.
IBBI has directed insolvency professionals to file applications with Special Courts under the PMLA for asset restitution.
These applications are for corporate debtor assets that have been attached by the Enforcement Directorate (ED).
The move aims to enhance corporate debtor value and improve realizations under the Insolvency and Bankruptcy Code (IBC).
Insolvency professionals must provide an undertaking, ensuring restituted assets don't benefit those accused under PMLA.
The undertaking also requires quarterly reporting on asset status and usage to the Special Court.
- Who
- Insolvency professionals (IPs) regulated by the Insolvency Bankruptcy Board of India (IBBI)
- What
- Directed to file applications before Special Courts under the Prevention of Money Laundering Act (PMLA) for the restitution of corporate debtor assets attached by the Enforcement Directorate (ED).
- When
- A circular was issued on Tuesday.
- Where
- Special Courts designated under the PMLA.
- Why
- To enhance the value of the corporate debtor and achieve higher realizations under the Insolvency and Bankruptcy Code (IBC), by seeking the return of assets attached by the ED.
- Issuing Body
- Insolvency Bankruptcy Board of India (IBBI)
- Action
- Directs insolvency professionals to file applications for restitution of attached assets
- Relevant Act
- Prevention of Money Laundering Act (PMLA)
- Court
- Special Court under PMLA
- Purpose
- Enhance value of corporate debtor, leading to higher realization under IBC
- Related Sections (PMLA)
- 8(7), 8(8)