Michigan Laws 554.1018 – Bond; alternative security
Current as of: 2024 | Check for updates
|
Other versions
Terms Used In Michigan Laws 554.1018
- Court: means the circuit court. See Michigan Laws 554.1012
- Property: means all of a person's right, title, and interest, both legal and equitable, in real property, personal property, and fixtures tangible and intangible, wherever located and however acquired. See Michigan Laws 554.1012
- Receiver: means a person appointed by the court as the court's agent, and subject to the court's direction, to take possession of, manage, and, if authorized by this act or court order, transfer, sell, lease, license, exchange, collect, or otherwise dispose of receivership property. See Michigan Laws 554.1012
- Receivership: means a proceeding in which a receiver is appointed. See Michigan Laws 554.1012
(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 the court.
(c) The bond is in an amount the court specifies.
(d) The bond is effective as of the date of the receiver’s appointment.
(2) The court may approve the posting by a receiver with the court of alternative security, such as a letter of credit or deposit of funds. The receiver may not use receivership property as alternative security. Interest that accrues on deposited funds must be paid to the receiver on the receiver’s discharge.
(3) The court may authorize a receiver to act before the receiver posts the bond or alternative security required by this section.
(4) A claim against a receiver’s bond or alternative security must be made not later than 1 year after the date the receiver is discharged.