1-507.41. Ancillary receiverships.
(a) Ancillary Receiverships in Foreign Jurisdictions. - A receiver appointed by a court of this State may, without first seeking approval of the court, apply in any foreign jurisdiction for appointment as receiver with respect to any receivership property which is located within the foreign jurisdiction.
(b) Ancillary Receiverships in This State. - A foreign receiver may obtain appointment by a court of this State as a receiver in an ancillary receivership with respect to any property subject to the foreign receivership that is located in this State or subject to the jurisdiction of the court for which a receiver could be appointed under this Article if (i) the foreign receiver would be eligible to serve as receiver under G.S. 1-507.25 and (ii) the appointment is in furtherance of the foreign receiver's possession, control, or disposition of property subject to the foreign receivership and in accordance with orders of the foreign jurisdiction.
The courts of this State may enter any order necessary to effectuate orders entered by the foreign jurisdiction's receivership proceeding. Unless the court orders otherwise, a receiver appointed in an ancillary receivership in this State shall have the powers and duties of a limited receiver as set forth in this Article and shall otherwise comply with the provisions of this Article applicable to limited receivers. (2020-75, s. 1.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 38A - North Carolina Commercial Receivership Act.
§ 1-507.20 - Short title; definitions.
§ 1-507.21 - Applicability of Article and of common law.
§ 1-507.22 - Powers of the court.
§ 1-507.23 - Types of receiverships.
§ 1-507.24 - Appointment of receivers; receivership not a trust.
§ 1-507.25 - Eligibility of receiver.
§ 1-507.27 - Defenses and immunities; discovery.
§ 1-507.28 - Powers and duties of receivers.
§ 1-507.29 - Receiver as lien creditor; real estate recording; subsequent sales of real estate.
§ 1-507.30 - Duties of debtor.
§ 1-507.31 - Employment and compensation of professionals.
§ 1-507.32 - Schedules of property and claims.
§ 1-507.34 - Notices; motions; orders.
§ 1-507.35 - Records; interim reports; status hearings.
§ 1-507.36 - Removal of receivers.
§ 1-507.37 - Termination of receiverships; final report.
§ 1-507.38 - Actions by or against receiver; actions relating to receivership property.
§ 1-507.39 - Procedure for determining individual business debtor's exempt property.
§ 1-507.40 - Turnover of receivership property.
§ 1-507.41 - Ancillary receiverships.
§ 1-507.44 - Receivership financing.
§ 1-507.45 - Executory contracts.
§ 1-507.46 - Use or transfer of receivership property not in ordinary course.
§ 1-507.47 - Abandonment of property.
§ 1-507.48 - Liens against after-acquired property.
§ 1-507.50 - Objection to and allowance of claims.
§ 1-507.51 - Priority of claims.