§ 32-10.1-11 — Powers and duties of receiver

North Dakota § 32-10.1-11

• Jurisdiction: North Dakota
• Title 32: Judicial Remedies
• Ch. 32-10.1: Uniform Commercial Real Estate Receivership Act

Text

1. Except as limited by court order or any other provision of law, a receiver may:
a. Collect, control, manage, conserve, and protect receivership property;
b. Operate a business constituting receivership property, including preservation,
use, sale, lease, license, exchange, collection, or disposition of the property in the
ordinary course of business;
c. In the ordinary course of business, incur unsecured debt and pay expenses
incidental to the receiver's preservation, use, sale, lease, license, exchange,
collection, or disposition of receivership property;
d. Assert a right, claim, cause of action, or defense of the owner which relates to
receivership property;
e. Seek and obtain instruction from the court concerning receivership property,
exercise of the receiver's powers, and performance of the receiver's duties;
f. On subpoena, compel a person to submit to examination under oath, or to
produce and permit inspection and copying of designated records or tangible
things, with respect to receivership property or any other matter that may affect
administration of the receivership;
g. Engage a professional under section 32-10.1-14;
h. Apply to a court of another state for appointment as ancillary receiver with respect
to receivership property located in that state; and
i. Exercise any power conferred by court order, this chapter, or any other provision
of law.
2. With court approval, a receiver may:
a. Incur debt for the use or benefit of receivership property other than in the ordinary
course of business;
b. Make improvements to receivership property;
c. Use or transfer receivership property other than in the ordinary course of
business under section 32-10.1-15;
d. Adopt or reject an executory contract of the owner under section 32-10.1-16;
e. Pay compensation to the receiver under section 32-10.1-20, and to each
professional engaged by the receiver under section 32-10.1-14;
f. Recommend allowance or disallowance of a claim of a creditor under section
32-10.1-19; and
g. Make a distribution of receivership property under section 32-10.1-19.
3. A receiver shall:
a. Prepare and retain appropriate business records, including a record of each
receipt, disbursement, and disposition of receivership property;
b. Account for receivership property, including the proceeds of a sale, lease, license,
exchange, collection, or other disposition of the property;

c. File with the county recorder wherein the property is located a copy of the order
appointing the receiver and, if a legal description of the real property is not
included in the order, the legal description;
d. Disclose to the court any fact arising during the receivership which would
disqualify the receiver under section 32-10.1-06; and
e. Perform any duty imposed by court order, this chapter, or any other provision of
law.
4. The powers and duties of a receiver may be expanded, modified, or limited by court
order.