Section 1215. Resignation by receiver; filling any vacancy  


Latest version.
  • (a)  A  receiver may petition the court appointing him for an order to
      show cause why he should not be permitted to resign.
        (b) The petition shall be accompanied by a verified account of all the
      assets of the corporation received by him,  of  all  payments  or  other
      disposition  thereof  made  by  him,  of  the  remaining  assets  of the
      corporation in respect to  which  he  was  appointed  receiver  and  the
      situation  of  the  same,  and  of  all  his  transactions  as receiver.
      Thereupon, the court shall grant an order directing notice to  be  given
      to  the  sureties  on his official bond and to all persons interested in
      the property of the corporation to show  cause,  at  a  time  and  place
      specified,  why  the  receiver  should  not be permitted to resign. Such
      notice shall be published once in each week for six successive weeks  in
      one  or  more  newspapers  as the court shall direct. If it shall appear
      that the proceedings of the receiver in the discharge of his trust  have
      been  fair  and  honest and that there is no good cause to the contrary,
      the court shall make  an  order  permitting  such  receiver  to  resign.
      Thereupon he shall be discharged and his powers as receiver shall cease,
      but  he  shall  remain  subject  to  any liability incurred prior to the
      making of such order. The court, in  its  discretion,  may  require  the
      expense  of  such  proceeding  to be paid by the receiver presenting the
      petition.
        (c) Any vacancy created by resignation, removal, death  or  otherwise,
      may  be  filled by the court, and the property of the receivership shall
      be delivered to the remaining receivers or, if there are  none,  to  the
      successor  appointed  by  the  court.  The  court  may summarily enforce
      delivery by order in the action  or  special  proceeding  in  which  the
      receiver was appointed.