A. An owner shall:

Terms Used In Arizona Laws 33-2612

  • Court: means the superior court. See Arizona Laws 33-2601
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Owner: means the person for whose property a receiver is appointed. See Arizona Laws 33-2601
  • Person: means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity. See Arizona Laws 33-2601
  • Property: means all of a person's right, title and interest, both legal and equitable, in real and personal property, tangible and intangible, wherever located and however acquired. See Arizona Laws 33-2601
  • Receiver: means a person who is 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 chapter or court order, transfer, sell, lease, license, exchange, collect or otherwise dispose of receivership property. See Arizona Laws 33-2601
  • Receivership: means a proceeding in which a receiver is appointed. See Arizona Laws 33-2601
  • Receivership property: means the property of an owner that is described in the order appointing a receiver or a subsequent order. See Arizona Laws 33-2601
  • Subpoena: A command to a witness to appear and give testimony.
  • Trustee: A person or institution holding and administering property in trust.

1. Assist and cooperate with the receiver in the administration of the receivership and the discharge of the receiver’s duties.

2. Preserve and turn over to the receiver all receivership property in the owner’s possession, custody or control.

3. Identify all records and other information relating to the receivership property, including passwords, authorizations or other information needed to obtain or maintain access to or control of the receivership property and make available to the receiver the records and information in the owner’s possession, custody or control.

4. On subpoena, submit to examination under oath by the receiver concerning the acts, conduct, property, liabilities and financial condition of the owner or any matter relating to the receivership property or the receivership.

5. Perform any duty imposed by court order, this chapter or another law other than this chapter.

B. If an owner is a person other than an individual, this section applies to each officer, director, manager, member, partner, trustee or other person exercising or having the power to exercise control over the affairs of the owner.

C. If a person knowingly fails to perform a duty imposed by this section, the court may:

1. Award the receiver actual damages caused by the person’s failure, reasonable attorney fees and costs.

2. Sanction the failure as civil contempt.

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