Title 554, REAL AND PERSONAL PROPERTY

Sec. 5. (1) Except as provided in this act, the procedure for the selection, appointment, removal, and compensation of a receiver, or a professional engaged under section 15, under this act is as established by the court rules. (2) The court that appoints a receiver under this ac…

Sec. 6. (1) The court may appoint a receiver as follows: (a) Before judgment, to protect a party that demonstrates an apparent right, title, or interest in property that is the subject of the action, under either of the following circumstances: (i) The property or its revenue-pro…

Sec. 7. (1) If a court determines there is good cause to appoint a receiver, the court shall select the receiver in accordance with this section. A receiver selected by the court must have sufficient competence, qualifications, and experience to administer the receivership estate…

Sec. 8. (1) Except as otherwise provided in subsection (2), a receiver shall post with the court a bond that meets all of the following requirements: (a) The bond is conditioned on the faithful discharge of the receiver's duties. (b) The bond has 1 or more sureties approved by th…

Sec. 9. On appointment of a receiver, the receiver has the status of a lien creditor under both of the following: (a) Article 9 of the uniform commercial code, 1962 PA 174, MCL 440.9101 to 440.9809, as to receivership property that is personal property or fixtures. (b) The record…

Sec. 10. 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 before the appointment to the same extent as if the court had not appointed…

Sec. 11. (1) Unless the court orders otherwise, a person shall do both of the following on demand by a receiver, as applicable: (a) If the person owes a debt that is receivership property and is matured or payable on demand or on order, pay the debt to or on the order of the rece…

Sec. 12. (1) Except as limited by court order or applicable law, a receiver may do all of the following: (a) Collect, control, manage, conserve, and protect receivership property. (b) Operate a business constituting receivership property, including preservation, use, sale, lease,…

Sec. 13. (1) An owner shall do all of the following: (a) Assist and cooperate with the receiver in the administration of the receivership and the discharge of the receiver's duties. (b) Preserve and turn over to the receiver all receivership property in the owner's possession, cu…

Sec. 14. (1) Except as otherwise provided in subsection (4) or ordered by the court, an order appointing a receiver operates as a stay, applicable to all persons, of an act, action, or proceeding to do any of the following: (a) Obtain possession of, exercise control over, or enfo…

Sec. 15. (1) With court approval, a receiver may engage an attorney, accountant, appraiser, auctioneer, broker, or other professional to assist the receiver in performing a duty or exercising a power of the receiver. The receiver shall disclose all of the following to the court: …

Sec. 16. (1) As used in this section, "good faith" means honesty in fact and the observance of reasonable commercial standards of fair dealing. (2) With court approval, a receiver may use receivership property other than in the ordinary course of business. (3) With court approval…

Sec. 17. (1) As used in this section, "timeshare interest" means either of the following, as applicable: (a) Unless subdivision (b) applies, an interest having a duration of more than 3 years that grants its holder the right to use and occupy an accommodation, facility, or recrea…

Sec. 18. (1) A receiver is entitled to all defenses and immunities provided by law of this state other than this act for an act or omission within the scope of the receiver's appointment. (2) Leave of the appointing court must be obtained before the institution of any action or p…

Sec. 19. Except as otherwise ordered by the court for cause, a receiver shall file quarterly interim reports that include all of the following: (a) The activities of the receiver since appointment or a previous report. (b) Receipts and disbursements, including a payment made or p…

Sec. 20. (1) Within 7 days after the receipt by the receiver of the list required under section 13(1)(d), the receiver shall provide all creditors and any other known interested parties with notice and a copy of any order governing its appointment. Notwithstanding the foregoing, …

Sec. 21. (1) 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. (2) The court may order 1 or more of the following to pay the reasonable and n…

Sec. 22. (1) The court may remove a receiver for cause. (2) The court shall replace a receiver that dies, resigns, or is removed. (3) If the court finds that a receiver that resigns or is removed, or the representative of a receiver that is deceased, has accounted fully for and t…

Sec. 23. (1) On completion of a receiver's duties, the receiver shall file a final report including all of the following: (a) A description of the activities of the receiver in the conduct of the receivership. (b) A list of receivership property at the commencement of the receive…

Sec. 24. (1) The court may appoint a receiver appointed in another state, or that person's nominee, 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 appointed under this act, if both …

Sec. 25. 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 do any of the following: (a) Make the secured party a mortgagee in possess…

Sec. 26. 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.

Sec. 27. This act modifies, limits, or supersedes the electronic signatures in global and national commerce act, 15 USC 7001 to 7031, but does not modify, limit, or supersede 15 USC 7001(c) or authorize electronic delivery of any of the notices described in 15 USC 7003(b).

Sec. 28. This act does not apply to a receivership for which the receiver was appointed before the effective date of this act.

Sec. 30. This act takes effect 90 days after the date it is enacted into law.