(1) A receiver may be appointed by the superior court of this state in the following instances, but except in any case in which a receiver's appointment is expressly required by statute, or any case in which a receiver's appointment is sought by a state agent whose authority to seek the appointment of a receiver is expressly conferred by statute, or any case in which a receiver's appointment with respect to real property is sought under (b)(ii) of this subsection, a receiver shall be appointed only if the court additionally determines that the appointment of a receiver is reasonably necessary and that other available remedies either are not available or are inadequate:
(a) On application of any party, when the party is determined to have a probable right to or interest in property that is a subject of the action and in the possession of an adverse party, or when the property or its revenue-producing potential is in danger of being lost or materially injured or impaired. A receiver may be appointed under this subsection (1)(a) whether or not the application for appointment of a receiver is combined with, or is ancillary to, an action seeking a money judgment or other relief;
(b) Provisionally, after commencement of any judicial action or nonjudicial proceeding to foreclose upon any lien against or for forfeiture of any interest in real or personal property, on application of any person, when the interest in the property that is the subject of such an action or proceeding of the person seeking the receiver's appointment is determined to be probable and either:
(i) The property or its revenue-producing potential is in danger of being lost or materially injured or impaired; or
(ii) The appointment of a receiver with respect to the real or personal property that is the subject of the action or proceeding is provided for by agreement or is reasonably necessary to effectuate or enforce an assignment of rents or other revenues from the property. For purposes of this subsection (1)(b), a judicial action is commenced as provided in superior court civil rule 3(a), a nonjudicial proceeding is commenced under chapter
61.24 RCW upon the service of notice of default described in RCW
61.24.030(8), and a proceeding for forfeiture is commenced under chapter
61.30 RCW upon the recording of the notice of intent to forfeit described in RCW
61.30.060;
(c) After judgment, in order to give effect to the judgment;
(d) To dispose of property according to provisions of a judgment dealing with its disposition;
(e) To the extent that property is not exempt from execution, at the instance of a judgment creditor either before or after the issuance of any execution, to preserve or protect it, or prevent its transfer;
(f) If and to the extent that property is subject to execution to satisfy a judgment, to preserve the property during the pendency of an appeal, or when an execution has been returned unsatisfied, or when an order requiring a judgment debtor to appear for proceedings supplemental to judgment has been issued and the judgment debtor fails to submit to examination as ordered;
(g) Upon an attachment of real or personal property when the property attached is of a perishable nature or is otherwise in danger of waste, impairment, or destruction, or where the abandoned property's owner has absconded with, secreted, or abandoned the property, and it is necessary to collect, conserve, manage, control, or protect it, or to dispose of it promptly, or when the court determines that the nature of the property or the exigency of the case otherwise provides cause for the appointment of a receiver;
(h) In an action by a transferor of real or personal property to avoid or rescind the transfer on the basis of fraud, or in an action to subject property or a fund to the payment of a debt;
(i) In an action against any person who is not an individual if the object of the action is the dissolution of that person, or if that person has been dissolved, or if that person is insolvent or is not generally paying the person's debts as those debts become due unless they are the subject of bona fide dispute, or if that person is in imminent danger of insolvency;
(j) In accordance with RCW
7.08.030 (4) and (6), in cases in which a general assignment for the benefit of creditors has been made;
(k) In quo warranto proceedings under chapter
7.56 RCW;
(m) In an action by the department of licensing under RCW
18.35.220(3) with respect to persons engaged in the business of dispensing of hearing aids, RCW
18.85.430 in the case of persons engaged in the business of a real estate broker, associate real estate broker, or real estate salesperson, or RCW
19.105.470 with respect to persons engaged in the business of camping resorts;
(n) In an action under RCW
18.44.470 or
18.44.490 in the case of persons engaged in the business of escrow agents;
(o) Upon a petition with respect to a nursing home in accordance with and subject to receivership provisions under chapter
18.51 RCW;
(p) In connection with a proceeding for relief with respect to a voidable transfer as to a present or future creditor under RCW
19.40.041 or a present creditor under RCW
19.40.051;
(q) Under RCW
19.100.210(1), in an action by the attorney general or director of financial institutions to restrain any actual or threatened violation of the franchise investment protection act;
(r) In an action by the attorney general or by a prosecuting attorney under RCW
19.110.160 with respect to a seller of business opportunities;
(s) In an action by the director of financial institutions under RCW
21.20.390 in cases involving actual or threatened violations of the securities act of Washington or under RCW
21.30.120 in cases involving actual or threatened violations of chapter
21.30 RCW with respect to certain businesses and transactions involving commodities;
(t) In an action for or relating to dissolution of a business corporation under RCW
23B.14.065,
23B.14.300,
23B.14.310, or
23B.14.320, for dissolution of a nonprofit corporation under RCW
24.03A.936, for dissolution of a mutual corporation under RCW
24.06.305, or in any other action for the dissolution or winding up of any other entity provided for by Title
23,
23B,
24, or
25 RCW;
(u) In any action in which the dissolution of any public or private entity is sought, in any action involving any dispute with respect to the ownership or governance of such an entity, or upon the application of a person having an interest in such an entity when the appointment is reasonably necessary to protect the property of the entity or its business or other interests;
(v) Under RCW
25.05.215, in aid of a charging order with respect to a partner's interest in a partnership;
(w) Under and subject to RCW
30A.44.100,
30A.44.270, and
30A.56.030, in the case of a state commercial bank, RCW
30B.44B.100, in the case of a state trust company, RCW
32.24.070,
32.24.073,
32.24.080, and
32.24.090, in the case of a state savings bank;
(y) Upon the application of the director of financial institutions under RCW
31.35.090 in actions to enforce chapter
31.35 RCW applicable to agricultural lenders, under RCW
31.40.120 in actions to enforce chapter
31.40 RCW applicable to entities engaged in federally guaranteed small business loans, under RCW
31.45.160 in actions to enforce chapter
31.45 RCW applicable to persons licensed as check cashers or check sellers, or under RCW
19.230.230 in actions to enforce chapter
19.230 RCW applicable to persons licensed under the uniform money services act;
(aa) Under RCW
39.84.160 or
43.180.360, in proceedings to enforce rights under any revenue bonds issued for the purpose of financing industrial development facilities or bonds of the Washington state housing finance commission, or any financing document securing any such bonds;
(bb) Under and subject to RCW
43.70.195, in an action by the secretary of health or by a local health officer with respect to a public water system;
(cc) As contemplated by RCW
61.24.030, with respect to real property that is the subject of nonjudicial foreclosure proceedings under chapter
61.24 RCW;
(dd) As contemplated by RCW
61.30.030(3), with respect to real property that is the subject of judicial or nonjudicial forfeiture proceedings under chapter
61.30 RCW;
(ee) Under RCW
64.32.200(2), in an action or proceeding commenced under chapter
61.12 or
61.24 RCW to foreclose upon a lien for common expenses against a dwelling unit subject to the horizontal property regimes act, chapter
64.32 RCW. For purposes of this subsection (1)(ee), a judicial action is commenced as provided in superior court civil rule 3(a) and a nonjudicial proceeding is commenced under chapter
61.24 RCW upon the service of notice of default described in RCW
61.24.030(8);
(ff) Under RCW
64.34.364(10), in an action or proceeding commenced under chapter
61.12 or
61.24 RCW by a unit owners' association to foreclose a lien for nonpayment of delinquent assessments against condominium units. For purposes of this subsection (1)(ff), a judicial action is commenced as provided in superior court civil rule (3)(a) and a nonjudicial proceeding is commenced under chapter
61.24 RCW upon the service of notice of default described in RCW
61.24.030(8);
(gg) Upon application of the attorney general under RCW
64.36.220(3), in aid of any writ or order restraining or enjoining violations of chapter
64.36 RCW applicable to timeshares;
(hh) Under RCW
70A.210.070(3), in aid of the enforcement of payment or performance of municipal bonds issued with respect to facilities used to abate, control, or prevent pollution;
(ii) Upon the application of the department of social and health services under RCW
74.42.580, in cases involving nursing homes;
(jj) Upon the application of the utilities and transportation commission under RCW
80.28.040, with respect to a water company or wastewater company that has failed to comply with an order of such commission within the time deadline specified therein;
(kk) Under RCW
87.56.065, in connection with the dissolution of an irrigation district;
(ll) Upon application of the attorney general or the department of licensing, in any proceeding that either of them are authorized by statute to bring to enforce Title
18 or
19 RCW; the securities act of Washington, chapter
21.20 RCW; the Washington commodities act, chapter
21.30 RCW; the land development act, chapter
58.19 RCW; or under chapter
64.36 RCW relating to the regulation of timeshares;
(mm) Upon application of the director of financial institutions in any proceeding that the director of financial institutions is authorized to bring to enforce chapters
31.35, 31.40, and
31.45 RCW; or
(nn) In such other cases as may be provided for by law, or when, in the discretion of the court, it may be necessary to secure ample justice to the parties.
(2) The superior courts of this state shall appoint as receiver of property located in this state a person who has been appointed by a federal or state court located elsewhere as receiver with respect to the property specifically or with respect to the owner's property generally, upon the application of the person or of any party to that foreign proceeding, and following the appointment shall give effect to orders, judgments, and decrees of the foreign court affecting the property in this state held by the receiver, unless the court determines that to do so would be manifestly unjust or inequitable. The venue of such a proceeding may be any county in which the person resides or maintains any office, or any county in which any property over which the receiver is to be appointed is located at the time the proceeding is commenced.
(3) At least seven days' notice of any application for the appointment of a receiver must be given to the owner of property to be subject thereto and to all other parties in the action, and to other parties in interest as the court may require. If any execution by a judgment creditor under Title
6 RCW or any application by a judgment creditor for the appointment of a receiver, with respect to property over which the receiver's appointment is sought, is pending in any other action at the time the application is made, then notice of the application for the receiver's appointment also must be given to the judgment creditor in the other action. The court may shorten or expand the period for notice of an application for the appointment of a receiver upon good cause shown.
(4) The order appointing a receiver in all cases must reasonably describe the property over which the receiver is to take charge, by category, individual items, or both if the receiver is to take charge of less than all of the owner's property. If the order appointing a receiver does not expressly limit the receiver's authority to designated property or categories of property of the owner, the receiver is a general receiver with the authority to take charge over all of the owner's property, wherever located.
(5) The court may condition the appointment of a receiver upon the giving of security by the person seeking the receiver's appointment, in such amount as the court may specify, for the payment of costs and damages incurred or suffered by any person should it later be determined that the appointment of the receiver was wrongfully obtained.
(1) A receiver may be appointed by the superior court of this state in the following instances, but except in any case in which a receiver's appointment is expressly required by statute, or any case in which a receiver's appointment is sought by a state agent whose authority to seek the appointment of a receiver is expressly conferred by statute, or any case in which a receiver's appointment with respect to real property is sought under (b)(ii) of this subsection, a receiver shall be appointed only if the court additionally determines that the appointment of a receiver is reasonably necessary and that other available remedies either are not available or are inadequate:
(a) On application of any party, when the party is determined to have a probable right to or interest in property that is a subject of the action and in the possession of an adverse party, or when the property or its revenue-producing potential is in danger of being lost or materially injured or impaired. A receiver may be appointed under this subsection (1)(a) whether or not the application for appointment of a receiver is combined with, or is ancillary to, an action seeking a money judgment or other relief;
(b) Provisionally, after commencement of any judicial action or nonjudicial proceeding to foreclose upon any lien against or for forfeiture of any interest in real or personal property, on application of any person, when the interest in the property that is the subject of such an action or proceeding of the person seeking the receiver's appointment is determined to be probable and either:
(i) The property or its revenue-producing potential is in danger of being lost or materially injured or impaired; or
(ii) The appointment of a receiver with respect to the real or personal property that is the subject of the action or proceeding is provided for by agreement or is reasonably necessary to effectuate or enforce an assignment of rents or other revenues from the property. For purposes of this subsection (1)(b), a judicial action is commenced as provided in superior court civil rule 3(a), a nonjudicial proceeding is commenced under chapter
61.24 RCW upon the service of notice of default described in RCW
61.24.030(8), and a proceeding for forfeiture is commenced under chapter
61.30 RCW upon the recording of the notice of intent to forfeit described in RCW
61.30.060;
(c) After judgment, in order to give effect to the judgment;
(d) To dispose of property according to provisions of a judgment dealing with its disposition;
(e) To the extent that property is not exempt from execution, at the instance of a judgment creditor either before or after the issuance of any execution, to preserve or protect it, or prevent its transfer;
(f) If and to the extent that property is subject to execution to satisfy a judgment, to preserve the property during the pendency of an appeal, or when an execution has been returned unsatisfied, or when an order requiring a judgment debtor to appear for proceedings supplemental to judgment has been issued and the judgment debtor fails to submit to examination as ordered;
(g) Upon an attachment of real or personal property when the property attached is of a perishable nature or is otherwise in danger of waste, impairment, or destruction, or where the abandoned property's owner has absconded with, secreted, or abandoned the property, and it is necessary to collect, conserve, manage, control, or protect it, or to dispose of it promptly, or when the court determines that the nature of the property or the exigency of the case otherwise provides cause for the appointment of a receiver;
(h) In an action by a transferor of real or personal property to avoid or rescind the transfer on the basis of fraud, or in an action to subject property or a fund to the payment of a debt;
(i) In an action against any person who is not an individual if the object of the action is the dissolution of that person, or if that person has been dissolved, or if that person is insolvent or is not generally paying the person's debts as those debts become due unless they are the subject of bona fide dispute, or if that person is in imminent danger of insolvency;
(j) In accordance with RCW
7.08.030 (4) and (6), in cases in which a general assignment for the benefit of creditors has been made;
(k) In quo warranto proceedings under chapter
7.56 RCW;
(m) In an action by the department of licensing under RCW
18.35.220(3) with respect to persons engaged in the business of dispensing of hearing aids, RCW
18.85.430 in the case of persons engaged in the business of a real estate broker, associate real estate broker, or real estate salesperson, or RCW
19.105.470 with respect to persons engaged in the business of camping resorts;
(n) In an action under RCW
18.44.470 or
18.44.490 in the case of persons engaged in the business of escrow agents;
(o) Upon a petition with respect to a nursing home in accordance with and subject to receivership provisions under chapter
18.51 RCW;
(p) In connection with a proceeding for relief with respect to a voidable transfer as to a present or future creditor under RCW
19.40.041 or a present creditor under RCW
19.40.051;
(q) Under RCW
19.100.210(1), in an action by the attorney general or director of financial institutions to restrain any actual or threatened violation of the franchise investment protection act;
(r) In an action by the attorney general or by a prosecuting attorney under RCW
19.110.160 with respect to a seller of business opportunities;
(s) In an action by the director of financial institutions under RCW
21.20.390 in cases involving actual or threatened violations of the securities act of Washington or under RCW
21.30.120 in cases involving actual or threatened violations of chapter
21.30 RCW with respect to certain businesses and transactions involving commodities;
(t) In an action for or relating to dissolution of a business corporation under RCW
23B.14.065,
23B.14.300,
23B.14.310, or
23B.14.320, for dissolution of a nonprofit corporation under RCW
24.03A.936, for dissolution of a mutual corporation under RCW
24.06.305, or in any other action for the dissolution or winding up of any other entity provided for by Title
23,
23B,
24, or
25 RCW;
(u) In any action in which the dissolution of any public or private entity is sought, in any action involving any dispute with respect to the ownership or governance of such an entity, or upon the application of a person having an interest in such an entity when the appointment is reasonably necessary to protect the property of the entity or its business or other interests;
(v) Under RCW
25.05.215, in aid of a charging order with respect to a partner's interest in a partnership;
(w) Under and subject to RCW
30A.44.100,
30A.44.270, and
30A.56.030, in the case of a state commercial bank, RCW
30B.44B.100, in the case of a state trust company, RCW
32.24.070,
32.24.073,
32.24.080, and
32.24.090, in the case of a state savings bank;
(y) Upon the application of the director of financial institutions under RCW
31.35.090 in actions to enforce chapter
31.35 RCW applicable to agricultural lenders, under RCW
31.40.120 in actions to enforce chapter
31.40 RCW applicable to entities engaged in federally guaranteed small business loans, under RCW
31.45.160 in actions to enforce chapter
31.45 RCW applicable to persons licensed as check cashers or check sellers, or under RCW
19.230.230 in actions to enforce chapter
19.230 RCW applicable to persons licensed under the uniform money services act;
(aa) Under RCW
39.84.160 or
43.180.360, in proceedings to enforce rights under any revenue bonds issued for the purpose of financing industrial development facilities or bonds of the Washington state housing finance commission, or any financing document securing any such bonds;
(bb) Under and subject to RCW
43.70.195, in an action by the secretary of health or by a local health officer with respect to a public water system;
(cc) As contemplated by RCW
61.24.030, with respect to real property that is the subject of nonjudicial foreclosure proceedings under chapter
61.24 RCW;
(dd) As contemplated by RCW
61.30.030(3), with respect to real property that is the subject of judicial or nonjudicial forfeiture proceedings under chapter
61.30 RCW;
(ee) Under RCW
64.90.485(15), in an action by an association to collect assessments or to foreclose a lien on a unit;
(ff) Upon application of the attorney general under RCW
64.36.220(3), in aid of any writ or order restraining or enjoining violations of chapter
64.36 RCW applicable to timeshares;
(gg) Under RCW
70A.210.070(3), in aid of the enforcement of payment or performance of municipal bonds issued with respect to facilities used to abate, control, or prevent pollution;
(hh) Upon the application of the department of social and health services under RCW
74.42.580, in cases involving nursing homes;
(ii) Upon the application of the utilities and transportation commission under RCW
80.28.040, with respect to a water company or wastewater company that has failed to comply with an order of such commission within the time deadline specified therein;
(jj) Under RCW
87.56.065, in connection with the dissolution of an irrigation district;
(kk) Upon application of the attorney general or the department of licensing, in any proceeding that either of them are authorized by statute to bring to enforce Title
18 or
19 RCW; the securities act of Washington, chapter
21.20 RCW; the Washington commodities act, chapter
21.30 RCW; the land development act, *chapter
58.19 RCW; or under chapter
64.36 RCW relating to the regulation of timeshares;
(ll) Upon application of the director of financial institutions in any proceeding that the director of financial institutions is authorized to bring to enforce chapters
31.35, 31.40, and
31.45 RCW; or
(mm) In such other cases as may be provided for by law, or when, in the discretion of the court, it may be necessary to secure ample justice to the parties.
(2) The superior courts of this state shall appoint as receiver of property located in this state a person who has been appointed by a federal or state court located elsewhere as receiver with respect to the property specifically or with respect to the owner's property generally, upon the application of the person or of any party to that foreign proceeding, and following the appointment shall give effect to orders, judgments, and decrees of the foreign court affecting the property in this state held by the receiver, unless the court determines that to do so would be manifestly unjust or inequitable. The venue of such a proceeding may be any county in which the person resides or maintains any office, or any county in which any property over which the receiver is to be appointed is located at the time the proceeding is commenced.
(3) At least seven days' notice of any application for the appointment of a receiver must be given to the owner of property to be subject thereto and to all other parties in the action, and to other parties in interest as the court may require. If any execution by a judgment creditor under Title
6 RCW or any application by a judgment creditor for the appointment of a receiver, with respect to property over which the receiver's appointment is sought, is pending in any other action at the time the application is made, then notice of the application for the receiver's appointment also must be given to the judgment creditor in the other action. The court may shorten or expand the period for notice of an application for the appointment of a receiver upon good cause shown.
(4) The order appointing a receiver in all cases must reasonably describe the property over which the receiver is to take charge, by category, individual items, or both if the receiver is to take charge of less than all of the owner's property. If the order appointing a receiver does not expressly limit the receiver's authority to designated property or categories of property of the owner, the receiver is a general receiver with the authority to take charge over all of the owner's property, wherever located.
(5) The court may condition the appointment of a receiver upon the giving of security by the person seeking the receiver's appointment, in such amount as the court may specify, for the payment of costs and damages incurred or suffered by any person should it later be determined that the appointment of the receiver was wrongfully obtained.