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ARTICLE · 12 MARCH 2024

PMLA And IBC: Striking A Pragmatic Balance

The intertwining domains of the Prevention of Money Laundering Act, 2002 (PMLA), and the Insolvency and Bankruptcy Code, 2016 (IBC) add toIndia's complex legal landscape.

IndiaInsolvency/Bankruptcy/Re-Structuring

The intertwining domains of the Prevention of Money Laundering Act, 2002 (PMLA), and the Insolvency and Bankruptcy Code, 2016 (IBC) add toIndia's complex legal landscape. While PMLA aims to combat money laundering and terrorist financing, IBC focuses on the resolution of corporate insolvency. This article provides a detailed analysis of the PMLA's provisions and advocates for a practical approach by PMLA authorities in handling cases with charged assets. It also examines Section 32A of the IBC, offering insights into the ongoing liabilities of promoters and directors charged with PMLA offenses.

Understanding the PMLA: Provisions, Objectives, and Powers:

Provisions of the PMLA: The PMLA, in its substantive provisions, criminalizes money laundering and provides a framework for the investigation, prosecution, and confiscation of the proceeds of crime. The Act encompasses various offenses related to financial transactions and provides a comprehensive mechanism for

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