Archive · 16 Sep 2025
ED Protocol Aims to Clarify Asset Handling in Bankruptcies
The ED, which fights financial crimes, has created new rules to help sort out problems when companies go bankrupt.
These rules aim to balance the need to fight money laundering with the process of helping struggling companies get back on their feet.
The main idea is to protect investors and people who bought homes from these companies.
If the ED has seized assets, investors and homebuyers must go to special courts to get them back, not regular bankruptcy courts.
This should make it easier for companies to be revived and for people to get their money or homes back.
ED established a protocol to resolve conflicts between PMLA and IBC.
The protocol is intended to clarify asset handling for investors and homebuyers in bankruptcies.
Assets attached by ED won't be included in prospectuses for new investments.
Resolution professionals and investors must approach special PMLA courts to restore confiscated assets.
The protocol considers the interests of homebuyers and supports a 'clean slate' approach for new investors.
- Who
- Enforcement Directorate (ED)
- What
- Framed a protocol to reconcile the goals of the Prevention of Money Laundering Act (PMLA) and the Insolvency and Bankruptcy Code (IBC).
- When
- Not explicitly mentioned
- Where
- India
- Why
- To bring clarity for investors, homebuyers, and banks involved with distressed companies.
PMLA Enforcement
IBC Resolution
Asset Handling
PMLA Enforcement
Prioritizes investigation and attachment of assets under PMLA.
IBC Resolution
Focuses on timely resolution of bankruptcies and protecting investor/homebuyer interests.
- Agency
- Enforcement Directorate (ED)
- Focus
- Reconciling PMLA & IBC
- Affected Parties
- Homebuyers, Investors, Banks
- Key Action
- New protocol for handling assets of bankrupt firms
- Legal Basis
- PMLA and IBC
- Court
- Special PMLA Courts