The Arizona Revised Statutes have been updated to include the revised sections from the 56th Legislature, 1st Regular Session. Please note that the next update of this compilation will not take place until after the conclusion of the 56th Legislature, 2nd Regular Session, which convenes in January 2024.
This online version of the Arizona Revised Statutes is primarily maintained for legislative drafting purposes and reflects the version of law that is effective on January 1st of the year following the most recent legislative session. The official version of the Arizona Revised Statutes is published by Thomson Reuters.
33-2611. Powers and duties of receiver
A. Except as limited by court order or another law, a receiver may:
1. Collect, control, manage, conserve and protect receivership property.
2. 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.
3. 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.
4. Assert a right, claim, cause of action or defense of the owner that relates to receivership property.
5. Seek and obtain instruction from the court concerning receivership property, exercise of the receiver's powers and performance of the receiver's duties.
6. 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.
7. Engage a professional as provided in section 33-2614.
8. Apply to a court of another state for appointment as ancillary receiver with respect to receivership property located in that state.
9. Exercise any power conferred by court order, this chapter or another law other than this chapter.
B. With court approval, a receiver may:
1. Incur debt for the use or benefit of receivership property other than in the ordinary course of business.
2. Make improvements to receivership property.
3. Use or transfer receivership property other than in the ordinary course of business as provided in section 33-2615.
4. Adopt or reject an executory contract of the owner as provided in section 33-2616.
5. Pay compensation to the receiver as provided in section 33-2619, and to each professional engaged by the receiver as provided in section 33-2614.
C. A receiver shall:
1. Prepare and retain appropriate business records, including a record of each receipt, disbursement and disposition of receivership property.
2. Account for receivership property, including the proceeds of a sale, lease, license, exchange, collection or other disposition of the property.
3. Record in the office of the county recorder 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.
4. Disclose to the court any fact arising during the receivership that would disqualify the receiver under section 33-2606.
5. Perform any duty imposed by court order, this chapter or another law other than this chapter.
D. Notwithstanding any other provision of this chapter, the powers and duties of a receiver may be expanded, modified, or limited by court order.