Unregistered profit-sharing agreements cannot justify occupation of corporate debtor premises during CIRP; repossession by the Resolution Professional...
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Provisional attachment of properties was upheld on the material and recorded admissions showing appellants promoted and collected deposits for illicit schemes and acquired property from those proceeds; the Adjudicating Authority's confirmation therefore required no interference. The tribunal accepted that remuneration, salary or commission earned by persons acting as instruments to procure funds for unlicensed fraudulent schemes constitutes proceeds of crime and may be attached. Properties held by spouses or other recipients were also subject to provisional attachment where evidence showed acquisition from the proceeds and recipients could not demonstrate independent sources. The appeals against confirmation of attachment were dismissed.
Provisional attachment of properties was upheld on the material and recorded admissions showing appellants promoted and collected deposits for illicit schemes and acquired property from those proceeds; the Adjudicating Authority's confirmation therefore required no interference. The tribunal accepted that remuneration, salary or commission earned by persons acting as instruments to procure funds for unlicensed fraudulent schemes constitutes proceeds of crime and may be attached. Properties held by spouses or other recipients were also subject to provisional attachment where evidence showed acquisition from the proceeds and recipients could not demonstrate independent sources. The appeals against confirmation of attachment were dismissed.
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