The circular advises Insolvency Professionals (IPs) to file applications before the Special Court under the Prevention of Money Laundering Act (PMLA) for the restitution of corporate debtor assets attached by the Enforcement Directorate (ED). Restituting these attached assets is deemed vital for significantly enhancing the corporate debtor’s value and overall realization for stakeholders. The IBBI, in consultation with the ED, has formulated a standard undertaking that the IP must furnish along with the restitution application, which imposes strict conditions on the IP, including preventing the transfer or sale of the restituted assets to ineligible persons under Section 32A of the IBC, ensuring the assets do not benefit accused parties under PMLA, and mandating quarterly reporting on the status and usage of the assets to the Special Court.
