§26.4 - Duties of the Receiver

• Jurisdiction: Washington

§26.4 DUTIES OF THE RECEIVER

In addition to codifying the powers of a receiver, the Act sets forth explicit duties that the receiver must perform.

(1) General duties of the receiver

The general duties of a receiver are set out in RCW 7.60.060.

(a) Duty to notify government agencies

RCW 7.60.060(2)(a) provides that the receiver has the duty to notify all federal and state taxing authorities and applicable regulatory agencies of the receiver's appointment in accordance with any applicable laws imposing this duty.

(b) Duty to comply with state law

RCW 7.60.060(2)(b) provides that the receiver has the duty to comply with the laws of Washington state.

(c) Duty to record a copy of the order appointing receiver

RCW 7.60.060(2)(c) provides that if the receiver is appointed with respect to any real property, it has the duty to record a certified copy of the order appointing receiver, together with a legal description of the real property if not otherwise contained in the order, with the auditor of the county in which the real property is located.

(d) Other duties as specified by the court

RCW 7.60.060(2)(d) provides that the receiver must perform "other duties as the receiver may be directed to perform by the court or as may be provided for by statute or rule."

(2) The duty to file schedules of assets and liabilities

Prior to adoption of the Act, there was no statutory requirement that the receiver file schedules of the assets and liabilities of the receivership estate. RCW 7.60.090 now provides that, in the case of a general receivership, the receiver has the duty to file (1) a true list of all of the known creditors and applicable regulatory and taxing agencies of the person over whose assets the receiver is appointed, their mailing addresses, the amount and nature of...