Phil Stenger Phil Stenger's Sourcebook of Receivership Law And Practice
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Sourcebook Chapters
Introduction
Legal & Statutory Basis
Jurisdictional Issues
Causes of Action
Actions For Contempt
Receiver Standing / In Pari Delicto
Jurisdiction, Venue And Service Issues Related To A Receiver’s Action Against A Foreign Third Party
Distribution Of Disgorgement Funds To Investors
The Right Of Third Parties To Intervene In The SEC Action
SEC Receivers In Foreign Courts
Sale Of Property
The Impact Of Bankruptcy On The SEC Receivership
Receiver's Duty to Invest Funds
Receiver's Duty to Report And Keep Accurate Account
Tax Issues Effecting Receiverships
A Few Practical Tips
Conclusion
Key Cases & Statutes

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Receiver's Duty to Report And Keep Accurate Account

A receiver should look to local court rules for guidance on filing of reports and an inventory in receivership cases.Absent a relevant court rule, the receiver should look to the appointing court for the frequency and manner of filing.A receiver should also file an account of receipts and disbursements with the appointing court in the frequency and manner as required by the court.The receiver should have support for the accuracy of the expenditures in the report prepared by the receiver.38  Vouchers supporting the expenditures should be preserved by the receiver.

The receiver should file a final account and report “to give account of his complete stewardship and at the same time lay the foundation for the receiver’s discharge.”  Clark on Receivers §383.1(a), Vol. 2, pg. 644.  All interested parties should receive notice of the receivers filing of a final account and request for discharge.39


38 Standish v. Musgrove (1906), 223 Ill 500, 506, 79 NE 161.

39 Farmer’s Savings Bank of Shelby v. Pomeroy (1930), 211 Iowa 337, 233 NW 488.

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