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Competition, insolvency and ease of business

The rules of the market: competition, insolvency and the ease of doing business.

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Insolvency Code and the money laundering law

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Prelims

The moratorium under the Insolvency and Bankruptcy Code, 2016 halts claims against a company in insolvency, while the Prevention of Money Laundering Act, 2002 lets the Enforcement Directorate attach proceeds of crime.

What changed

  1. 3 Jul 2026Briefnewly addedIn the Siddhi Vinayak Logistics case, the principal bench of the National Company Law Appellate Tribunal held on 30 June that the moratorium cannot shield assets alleged to be proceeds of crime from attachment. The ruling rests on the two laws pursuing different aims, so creditors cannot recover from criminal proceeds. The Hindu, 3 Jul 2026: Can the ED attach a company's assets after it enters insolvency? | Explained (opens in a new tab)

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