1. The Laws of New York
  2. Consolidated Laws
  3. Business Corporation
  4. Article 12: Receivership

Section 1202 Appointment of receiver of property of a domestic or foreign corporation

Business Corporation (BSC)

Appointment of receiver of property of a domestic or foreign


  (a) A receiver of the property of a corporation can be appointed only by the court, and in one of the following cases:

  (1) An action or special proceeding brought under article 10 (Non-judicial dissolution) or 11 (Judicial dissolution).

  (2) An action under section 1201 (Action by judgment creditor for sequestration).

  (3) An action brought by the attorney-general or by a shareholder to preserve the assets of a corporation, which has no officer within this state qualified to administer them.

  (4) An action to preserve the assets in this state, of any kind, tangible or intangible, of a foreign corporation which has been dissolved, nationalized or its authority or existence otherwise terminated or cancelled in the jurisdiction of its incorporation or which has ceased to do business, brought by any creditor or shareholder of such corporation or by one on whose behalf an order of attachment against the property of such corporation has been issued.

  (b) A receiver shall be subject to the control of the court at all times and may be removed by the court at any time.

  (c) All actions or special proceedings brought by or against a receiver shall have a preference upon the calendars of all courts next in order to actions or special proceedings brought by the people of the state of New York.