Chapter 765 — PROPERTY

(765 ILCS 1085/30) Sec. 30. Electric vehicle charging system policy for unit owners. (a) Any covenant, restriction, or condition contained in any deed, contract, security interest, or other instrument affecting the transfer or sale of any interest in a condominium or common inter…

(765 ILCS 1085/35) Sec. 35. Electric vehicle charging system policy for renters. (a) Notwithstanding any provision in the lease to the contrary and subject to subsection (b): (1) a tenant may install, at the tenant's expense for the tenant's own use, a level 1 receptacle or outle…

(765 ILCS 1085/5) Sec. 5. Legislative intent. Electric vehicles are an important tool to fight the climate crisis, tackle air pollution, and provide safe, clean, and affordable personal transportation. The State should encourage urgent and widespread adoption of electric vehicles…

(765 ILCS 1090/1) Sec. 1. Short title. This Act may be cited as the Illinois Receivership Act. (Source: P.A. 104-34, eff. 1-1-26.)

(765 ILCS 1090/10) Sec. 10. Security agreement covering after-acquired property. Except as otherwise provided by law of this State other than this Act, property that a receiver or owner acquires after appointment of the receiver is subject to a security agreement entered into bef…

(765 ILCS 1090/11) Sec. 11. Collection and turnover of receivership property. (a) Unless the court orders otherwise, on demand by a receiver: (1) a person that owes a debt that is receivership property and is matured or payable on demand or on order shall pay the debt to or on th…

(765 ILCS 1090/12) Sec. 12. Powers and duties of receiver. (a) Except as limited by court order or law of this State other than this Act, a receiver may: (1) collect, control, manage, conserve, and protect receivership property; (2) operate a business constituting receivership pr…

(765 ILCS 1090/13) Sec. 13. Duties of owner. (a) An owner shall: (1) assist and cooperate with the receiver in the administration of the receivership and the discharge of the receiver's duties; (2) preserve and turn over to the receiver all receivership property in the owner's po…

(765 ILCS 1090/14) Sec. 14. Stay; injunction. (a) Except as otherwise provided in subsection (d) or ordered by the court, an order appointing a receiver operates as a stay, applicable to all persons, of an act, action, or proceeding: (1) to obtain possession of, exercise control …

(765 ILCS 1090/15) Sec. 15. Engagement and compensation of professionals. (a) With court approval, a receiver may engage one or more attorneys, accountants, appraisers, auctioneers, brokers, or other professionals to assist the receiver in performing a duty or exercising a power …

(765 ILCS 1090/16) Sec. 16. Use or transfer of receivership property not in ordinary course of business. (a) In this Section, "good faith" means honesty in fact and the observance of reasonable commercial standards of fair dealing. (b) With court approval, a receiver may use rece…

(765 ILCS 1090/17) Sec. 17. Executory contracts. (a) In this Section, "timeshare interest" means an interest having a duration of more than three years which grants its holder the right to use and occupy an accommodation, facility, or recreational site, whether improved or not, f…

(765 ILCS 1090/18) Sec. 18. Defenses and immunities of receiver. (a) A receiver is entitled to all defenses and immunities provided by law of this State for an act or omission within the scope of the receiver's appointment. (b) Approval of the court that appointed the receiver mu…

(765 ILCS 1090/19) Sec. 19. Interim report of receiver. A receiver may file or, if ordered by the court, shall file an interim report that includes: (1) the dates covered by the interim report; (2) the activities of the receiver since appointment or a previous report; (3) receipt…

(765 ILCS 1090/2) Sec. 2. Definitions. In this Act: (1) "Adequate protection" means protection against the decrease in the value of a person's interest in property resulting from the turnover, stay, use, sale, or lease of such property during the receivership. (2) "Affiliate" mea…

(765 ILCS 1090/20) Sec. 20. Notice of appointment; claim against receivership; distribution to creditors. (a) Except as otherwise provided in subsection (h), a receiver shall give notice of appointment of the receiver to all creditors of the owner by: (1) deposit for delivery thr…

(765 ILCS 1090/21) Sec. 21. Fees and expenses. (a) The court may award a receiver from receivership property the reasonable and necessary fees and expenses of performing the duties of the receiver and exercising the powers of the receiver. (b) The court may order one or more of t…

(765 ILCS 1090/22) Sec. 22. Removal of receiver; replacement; termination of receivership. (a) The court may remove a receiver for cause. (b) The court shall replace a receiver that dies, resigns, or is removed. (c) If the court finds that a receiver that resigns or is removed, o…

(765 ILCS 1090/23) Sec. 23. Final report of receiver; discharge. (a) Unless excused by the court, on completion of a receiver's duties, the receiver shall file a motion seeking approval of a final report and termination of the court's administration of the receivership property. …

(765 ILCS 1090/24) Sec. 24. Receivership in another state; ancillary proceeding. (a) The court may appoint a foreign receiver as an ancillary receiver with respect to property located in this State or subject to the jurisdiction of the court for which a receiver could be appointe…

(765 ILCS 1090/25) Sec. 25. Effect of enforcement by secured party. A request by a secured party for appointment of a receiver, the appointment of a receiver, or application by a secured party of receivership property or proceeds to the secured obligation does not: (1) make the s…

(765 ILCS 1090/26) Sec. 26. Uniformity of application and construction. In applying and construing this uniform Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. (Source: P.A. 104-34, eff. …

(765 ILCS 1090/27) Sec. 27. Relation to Electronic Signatures in Global and National Commerce Act. This Act modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify, limit, or supersede Sect…

(765 ILCS 1090/28) Sec. 28. Transition. This Act does not apply to a receivership for which the receiver was appointed before the effective date of this Act. (Source: P.A. 104-34, eff. 1-1-26.)

(765 ILCS 1090/29) Sec. 29. Inapplicability. The provisions of Section 2-415 of the Code of Civil Procedure do not apply to a receivership under this Act. (Source: P.A. 104-34, eff. 1-1-26.)

(765 ILCS 1090/3) Sec. 3. Notice and opportunity for hearing. (a) Except as otherwise provided in subsection (b), the court may issue an order under this Act only after notice and opportunity for a hearing appropriate in the circumstances. (b) The court may issue an order under t…

(765 ILCS 1090/4) Sec. 4. Scope; exclusions. (a) Except as otherwise provided in subsection (b) or (c), this Act applies to a receivership for an interest in any one or more of the following: (1) in real property and any personal property related to or used in operating the real …

(765 ILCS 1090/5) Sec. 5. Power of court. The court that appoints a receiver under this Act has exclusive jurisdiction and authority: (a) to direct and control the receiver; (b) over all receivership property wherever located; (c) to determine all controversies related to the rec…

(765 ILCS 1090/6) Sec. 6. Appointment of receiver. (a) The court may appoint a receiver: (1) before judgment, to protect a party that demonstrates an apparent right, title, or interest in property that is the subject of the action, if the property or its revenue-producing potenti…

(765 ILCS 1090/7) Sec. 7. Disqualification from appointment as receiver; disclosure of interest. (a) Any person, whether or not a resident of this State, may serve as a receiver unless the person is disqualified under this Act. (b) The court may not appoint a person as receiver u…

(765 ILCS 1090/8) Sec. 8. Receiver's bond; alternative security. (a) Except as otherwise provided in subsection (b) and (c), a receiver shall post with the court a bond that: (1) is conditioned on the faithful discharge of the receiver's duties; (2) has one or more sureties appro…

(765 ILCS 1090/9) Sec. 9. Status of receiver as lien creditor. On appointment of a receiver, the receiver has the status of a lien creditor: (1) under Sections 9-101 to 9-809 of the Uniform Commercial Code as to receivership property that is personal property or fixtures; (2) und…