Section 1206. Powers of permanent receiver  


Latest version.
  • (a) A permanent receiver, upon qualifying under section 1204 (Oath and
      security),  shall  be  vested  with  title  to  all  the property of the
      corporation wherever situated or of the property  in  this  state  of  a
      foreign  corporation  against  which an action or special proceeding has
      been brought under subparagraph (a) (4) of section 1202 (Appointment  of
      receiver  of  property  of  a  domestic or foreign corporation), for the
      benefit of the creditors and shareholders of the corporation.
        (b) A permanent receiver shall have the power:
        (1) To sue in his own name  or  otherwise  for  the  recovery  of  the
      property,  debts  and causes of action of the corporation. No set-off or
      counterclaim shall be allowed in any such action for any  demand  unless
      it was owing by the corporation to the defendant before the commencement
      of  the action or special proceeding in which the receiver was appointed
      or unless it shall have been incurred by the receiver subsequent to  his
      appointment.
        (2)  To sell at public or private sale all the property vested in him,
      in such manner and on such terms  and  conditions  as  the  court  shall
      direct, and to make necessary transfers and conveyances thereof.
        (3)  To  examine  on  oath,  to  be  administered  by  him, any person
      concerning any matter pertaining to or affecting the receivership.
        (4) To settle or compound any demands by or against the receivership.
        (c) When more than one receiver is appointed, all provisions  in  this
      article in reference to one receiver shall apply to them.
        (d)  When  more than one receiver is appointed, the debts and property
      of the corporation may be collected and received by any  of  them;  when
      more  than  two receivers are appointed, the powers and rights conferred
      on them may be exercised by any two.
        (e) When  more  than  one  receiver  is  appointed,  the  survivor  or
      survivors  of  such receivers shall have all the powers and right of the
      receivers.