State Codes and Statutes

Statutes > New-york > Bsc > Article-12 > 1215

§ 1215. Resignation by receiver; filling any vacancy.    (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.

State Codes and Statutes

Statutes > New-york > Bsc > Article-12 > 1215

§ 1215. Resignation by receiver; filling any vacancy.    (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.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Bsc > Article-12 > 1215

§ 1215. Resignation by receiver; filling any vacancy.    (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.