Receiver | Practical Law

Receiver | Practical Law

Receiver

Receiver

Practical Law ANZ Glossary w-004-5330 (Approx. 4 pages)

Glossary

Receiver

An insolvency practitioner who is appointed over some or all of the property of a company, usually for the primary purpose of realising that property for the benefit of a secured creditor. A receiver who also has the power to manage the body corporate's affairs is referred to as a receiver and manager (section 90, Corporations Act 2001 (Cth) (CA 2001)).
A receiver may be appointed by a secured creditor (referred to as a private appointment, for the purpose of enforcing a security interest) or, in special circumstances, by the court.
The primary responsibility of a privately appointed receiver is to recover possession of the secured assets and manage and sell them to satisfy the secured creditor's debt.
The sources of power of a privately appointed receiver are:
  • The instrument of appointment (usually a deed of appointment), which will normally reference and incorporate the powers in the security documents creating the security interest being enforced.
  • Common law.
An insolvency practitioner must be a registered liquidator to qualify for appointment as a receiver.
Commonly, multiple practitioners will be appointed on a joint and several basis for convenience and to expedite the conduct of the receivership (a joint and several appointment is permitted by sections 434D and 434E, CA 2001).