§ 576.29 — POWERS AND DUTIES OF RECEIVERS; GENERALLY

Minnesota § 576.29

• Jurisdiction: Minnesota
• Part: POSTJUDGMENT REMEDIES; ALTERNATIVE DISPUTE RESOLUTION; BONDS
• Ch. 576: RECEIVERSHIP

Text

Subdivision 1.Powers.
(a) A receiver, whether general or limited, shall have the following powers in addition to those specifically conferred by this chapter or otherwise by statute, rule, or order of the court:
(1) the power to collect, control, manage, conserve, and protect receivership property;
(2) the power to incur and pay expenses incidental to the receiver's exercise of the powers or otherwise in the performance of the receiver's duties;
(3) the power to assert rights, claims, causes of action, or defenses that relate to receivership property; and
(4) the power to seek and obtain instruction from the court with respect to any matter relating to the receivership property, the exercise of the receiver's powers, or the performance of the receiver's duties.
(b) In addition to the powers provided in paragraph (a), a general receiver shall have the power:
(1) to (i) assert, or when authorized by the court, to release, any rights, claims, causes of action, or defenses of the respondent to the extent any rights, claims, causes of action, or defenses are receivership property; (ii) maintain in the receiver's name or in the name of the respondent any action to enforce any right, claim, cause of action, or defense; and (iii) intervene in actions in which the respondent is a party for the purpose of exercising the powers under this clause or requesting transfer of venue of the action to the court;
(2) to pursue any claim or remedy that may be asserted by a creditor of the respondent under sections513.41to513.51;
(3) to compel any person, including the respondent, and any party, by subpoena pursuant to Rule 45 of the Minnesota Rules of Civil Procedure, to give testimony or to produce and permit inspection and copying of designated books, documents, electronically stored information, or tangible things with respect to receivership property or any other matter that may affect the administration of the receivership;
(4) to operate any business constituting receivership property in the ordinary course of the business, including using, selling, or leasing property of the business or otherwise constituting receivership property; incurring and payment of expenses of the business or other receivership property; and hiring employees and appointing officers to act on behalf of the business;
(5) if authorized by an order of the court following notice and a hearing, to use, improve, sell, or lease receivership property other than in the ordinary course of business; and
(6) if appointed pursuant to section302A.753,308A.945,308B.935, or317A.753, to exercise all of the powers and authority provided by the section or order of the court.

Subd. 2.Duties.
A receiver, whether general or limited, shall have the duties specifically conferred by this chapter or otherwise by statute, rule, or order of the court.

Subd. 3.Modification of powers and duties.
Except as otherwise provided in this chapter, the court may modify the powers and duties of a receiver provided by this section.

Legislative History

2012 c 143 art 1 s 9;2016 c 135 art 3 s 3;2020 c 83 art 1 s 88