(This Section may contain text from a Public Act with a delayed effective date)
- (a) Any person, whether or not a resident of this State, may serve as a receiver unless the person is disqualified under this Act.
- (b) The court may not appoint a person as receiver unless the person submits to the court a statement under penalty of perjury that the person is not disqualified.
(c) Except as otherwise provided in subsection (d), a person is disqualified from appointment as receiver if the person:
- (1) is an affiliate of a party or the judge presiding over the receivership;
- (2) has an interest materially adverse to an interest of a party;
- (3) has a material financial interest in the outcome of the action, other than compensation the court may allow the receiver;
- (4) has a debtor-creditor relationship with a party;
- (5) holds an equity interest in a party, other than a noncontrolling interest in a publicly traded company;
- (6) is a sheriff of any county; or
- (7) is otherwise prohibited from acting as an agent of the court under the laws of this State.
(d) A person is not disqualified from appointment as receiver solely because the person:
- (1) was appointed receiver or is owed compensation in an unrelated matter involving a party or was engaged by a party in a matter unrelated to the receivership;
- (2) is an individual obligated to a party on a debt that is not in default and was incurred primarily for personal, family, or household purposes; or
- (3) maintains with a party a deposit account as defined in Section 9-102(a)(29) of the Uniform Commercial Code.
- (e) A person seeking appointment of a receiver may nominate a person to serve as receiver, but the court is not bound by the nomination.
(Source: P.A. 104-34, eff. 1-1-26.)