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Ala. Code § 6-6-786

Disqualification from Appointment as Receiver; Disclosure of Interest.

Known as the Alabama Uniform Commercial Real Estate Receivership Act

The act spans §§ 6-6-780 to 6-6-807 (28 sections).

(Act 2024-380, §7.)

(a) 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.

(b) Except as otherwise provided in subsection (c), a person is disqualified from appointment as receiver if the person satisfies any of the following:

(1) Is an affiliate of a party.

(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.

(c) A person is not disqualified from appointment as receiver solely because the person satisfies any of the following:

(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.

(3) Maintains with a party a deposit account as defined in Section 7-9A-102(a).

(d) A person seeking appointment of a receiver may nominate a person to serve as receiver, but the court is not bound by the nomination.

Official source: Alabama Legislature (ALISON). Reproduced from public-domain Alabama statutes; confirm against the official source for the current text. Not legal advice.