{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/13.1-910.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/13.1-910.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/13.1-910.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/13.1-910.html"}],"law_id":67257,"edition_id":1,"section_id":67257,"structure_id":13830,"section_number":"13.1-910","catch_line":"Receivership or custodianship","history":"Code 1950, \u00a7\u00a7 13.1-258, 13.1-259; 1956, c. 428; 1985, c. 522; 2007, c. 925.","full_text":"A\n\nA court in a judicial proceeding brought to dissolve a corporation may appoint one or more receivers to wind up and liquidate, or one or more custodians to manage while the proceeding is pending, the business and affairs of the corporation. The court shall hold a hearing, after notifying all parties to the proceeding and any interested persons designated by the court, before appointing a receiver or custodian. The court appointing a receiver or custodian has exclusive jurisdiction over the corporation and all its property wherever located.B\n\nThe court may appoint an individual, a domestic corporation, or a foreign corporation, authorized to transact business in the Commonwealth, as a receiver or custodian. The court may require the receiver or custodian to post bond, with or without sureties, in an amount the court directs.C\n\nThe court shall describe the powers and duties of the receiver or custodian in its appointing order, which may be amended from time to time. Among other powers:1\n\nThe receiver (i) may dispose of all or any part of the assets of the corporation wherever located, at a public or private sale, if authorized by the court, and (ii) may sue and defend in his own name as receiver of the corporation in all courts of the Commonwealth; and2\n\nThe custodian may exercise all of the powers of the corporation, through or in place of its board of directors or officers, to the extent necessary to manage the affairs of the corporation in the best interest of its members and creditors.D\n\nThe court during a receivership may redesignate the receiver a custodian, and during a custodianship may redesignate the custodian a receiver, if doing so is in the best interest of the corporation, its members, and creditors.E\n\nThe court from time to time during the receivership or custodianship may order compensation paid and expense disbursements or reimbursements made to the receiver or custodian and the custodian&#8217;s counsel from the assets of the corporation or proceeds from the sale of the assets.","order_by":null,"text":{"0":{"id":243753,"text":"A court in a judicial proceeding brought to dissolve a corporation may appoint one or more receivers to wind up and liquidate, or one or more custodians to manage while the proceeding is pending, the business and affairs of the corporation. The court shall hold a hearing, after notifying all parties to the proceeding and any interested persons designated by the court, before appointing a receiver or custodian. The court appointing a receiver or custodian has exclusive jurisdiction over the corporation and all its property wherever located.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":243754,"text":"The court may appoint an individual, a domestic corporation, or a foreign corporation, authorized to transact business in the Commonwealth, as a receiver or custodian. The court may require the receiver or custodian to post bond, with or without sureties, in an amount the court directs.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":243755,"text":"The court shall describe the powers and duties of the receiver or custodian in its appointing order, which may be amended from time to time. Among other powers:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"3":{"id":243756,"text":"The receiver (i) may dispose of all or any part of the assets of the corporation wherever located, at a public or private sale, if authorized by the court, and (ii) may sue and defend in his own name as receiver of the corporation in all courts of the Commonwealth; and","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"4":{"id":243757,"text":"The custodian may exercise all of the powers of the corporation, through or in place of its board of directors or officers, to the extent necessary to manage the affairs of the corporation in the best interest of its members and creditors.","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"D"},"5":{"id":243758,"text":"The court during a receivership may redesignate the receiver a custodian, and during a custodianship may redesignate the custodian a receiver, if doing so is in the best interest of the corporation, its members, and creditors.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C2","next_prefix":"E"},"6":{"id":243759,"text":"The court from time to time during the receivership or custodianship may order compensation paid and expense disbursements or reimbursements made to the receiver or custodian and the custodian&#8217;s counsel from the assets of the corporation or proceeds from the sale of the assets.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":13830,"edition_id":1,"name":"Dissolution","identifier":"13","label":"article","depth":3,"order_by":1,"parent_id":13004,"metadata":{},"date_created":"2026-06-26 03:46:01","date_modified":"2026-06-26 03:46:01","permalink":{"id":147693,"object_type":"structure","relational_id":13830,"identifier":"13","token":"13.1\/10\/13","url":"\/13.1\/10\/13\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13004,"edition_id":1,"name":"Virginia Nonstock Corporation Act","identifier":"10","label":"chapter","depth":2,"order_by":1,"parent_id":12744,"metadata":{},"date_created":"2026-06-26 03:44:07","date_modified":"2026-06-26 03:44:07","permalink":{"id":147501,"object_type":"structure","relational_id":13004,"identifier":"10","token":"13.1\/10","url":"\/13.1\/10\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12744,"edition_id":1,"name":"Corporations","identifier":"13.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":147493,"object_type":"structure","relational_id":12744,"identifier":"13.1","token":"13.1","url":"\/13.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":58171,"structure_id":13830,"section_number":"13.1-902","catch_line":"Dissolution by directors and members","url":"\/13.1-902\/","token":"13.1\/10\/13\/13.1-902","metadata":false},{"id":76471,"structure_id":13830,"section_number":"13.1-903","catch_line":"Dissolution by directors","url":"\/13.1-903\/","token":"13.1\/10\/13\/13.1-903","metadata":false},{"id":74663,"structure_id":13830,"section_number":"13.1-904","catch_line":"Articles of dissolution","url":"\/13.1-904\/","token":"13.1\/10\/13\/13.1-904","metadata":false},{"id":61075,"structure_id":13830,"section_number":"13.1-905","catch_line":"Revocation of dissolution","url":"\/13.1-905\/","token":"13.1\/10\/13\/13.1-905","metadata":false},{"id":78442,"structure_id":13830,"section_number":"13.1-906","catch_line":"Effect of dissolution","url":"\/13.1-906\/","token":"13.1\/10\/13\/13.1-906","metadata":false},{"id":65762,"structure_id":13830,"section_number":"13.1-907","catch_line":"Distribution and plan of distribution of assets","url":"\/13.1-907\/","token":"13.1\/10\/13\/13.1-907","metadata":false},{"id":66482,"structure_id":13830,"section_number":"13.1-908","catch_line":"Known claims against dissolved corporation","url":"\/13.1-908\/","token":"13.1\/10\/13\/13.1-908","metadata":false},{"id":87141,"structure_id":13830,"section_number":"13.1-908.1","catch_line":"Other claims against dissolved corporation","url":"\/13.1-908.1\/","token":"13.1\/10\/13\/13.1-908.1","metadata":false},{"id":83300,"structure_id":13830,"section_number":"13.1-908.2","catch_line":"Court proceedings","url":"\/13.1-908.2\/","token":"13.1\/10\/13\/13.1-908.2","metadata":false},{"id":60096,"structure_id":13830,"section_number":"13.1-908.3","catch_line":"Director duties","url":"\/13.1-908.3\/","token":"13.1\/10\/13\/13.1-908.3","metadata":false},{"id":78820,"structure_id":13830,"section_number":"13.1-909","catch_line":"Grounds for judicial dissolution","url":"\/13.1-909\/","token":"13.1\/10\/13\/13.1-909","metadata":false},{"id":67257,"structure_id":13830,"section_number":"13.1-910","catch_line":"Receivership or custodianship","url":"\/13.1-910\/","token":"13.1\/10\/13\/13.1-910","metadata":false},{"id":54846,"structure_id":13830,"section_number":"13.1-911","catch_line":"Decree of dissolution","url":"\/13.1-911\/","token":"13.1\/10\/13\/13.1-911","metadata":false},{"id":76479,"structure_id":13830,"section_number":"13.1-912","catch_line":"Articles of termination of corporate existence","url":"\/13.1-912\/","token":"13.1\/10\/13\/13.1-912","metadata":false},{"id":58502,"structure_id":13830,"section_number":"13.1-913","catch_line":"Termination of corporate existence by incorporators or initial directors","url":"\/13.1-913\/","token":"13.1\/10\/13\/13.1-913","metadata":false},{"id":72805,"structure_id":13830,"section_number":"13.1-914","catch_line":"Automatic termination of corporate existence","url":"\/13.1-914\/","token":"13.1\/10\/13\/13.1-914","metadata":false},{"id":80531,"structure_id":13830,"section_number":"13.1-915","catch_line":"Involuntary termination of corporate existence","url":"\/13.1-915\/","token":"13.1\/10\/13\/13.1-915","metadata":false},{"id":56670,"structure_id":13830,"section_number":"13.1-916","catch_line":"Reinstatement of a corporation that has ceased to exist","url":"\/13.1-916\/","token":"13.1\/10\/13\/13.1-916","metadata":false},{"id":60656,"structure_id":13830,"section_number":"13.1-917","catch_line":"Survival of remedy after termination of corporate existence","url":"\/13.1-917\/","token":"13.1\/10\/13\/13.1-917","metadata":false},{"id":67830,"structure_id":13830,"section_number":"13.1-918","catch_line":"Repealed","url":"\/13.1-918\/","token":"13.1\/10\/13\/13.1-918","metadata":false}],"previous_section":{"id":78820,"structure_id":13830,"section_number":"13.1-909","catch_line":"Grounds for judicial dissolution","url":"\/13.1-909\/","token":"13.1\/10\/13\/13.1-909","metadata":false},"next_section":{"id":54846,"structure_id":13830,"section_number":"13.1-911","catch_line":"Decree of dissolution","url":"\/13.1-911\/","token":"13.1\/10\/13\/13.1-911","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/13.1-910\/","history_text":"<p>The record of this law\u2019s original creation isn\u2019t available online. It has been modified 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1956, chapter 428; in 1985, chapter 522; in 2007, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?071+ful+CHAP0925\">925<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":147739,"object_type":"law","relational_id":67257,"identifier":"13.1-910","token":"13.1\/10\/13\/13.1-910","url":"\/13.1-910\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/13.1-910\/","token":"13.1\/10\/13\/13.1-910","dublin_core":{"Title":"Receivership or custodianship","Type":"Text","Format":"text\/html","Identifier":"\u00a7 13.1-910","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> A <span class=\"dictionary\">court<\/span> in a judicial <span class=\"dictionary\">proceeding<\/span> brought to dissolve a <span class=\"dictionary\">corporation<\/span> may appoint one or more receivers to wind up and liquidate, or one or more custodians to manage while the <span class=\"dictionary\">proceeding<\/span> is pending, the business and affairs of the <span class=\"dictionary\">corporation<\/span>. The <span class=\"dictionary\">court<\/span> shall hold a <span class=\"dictionary\">hearing<\/span>, after notifying all parties to the <span class=\"dictionary\">proceeding<\/span> and any interested <span class=\"dictionary\">persons<\/span> designated by the <span class=\"dictionary\">court<\/span>, before appointing a receiver or custodian. The <span class=\"dictionary\">court<\/span> appointing a receiver or custodian has exclusive <span class=\"dictionary\">jurisdiction<\/span> over the <span class=\"dictionary\">corporation<\/span> and all its property wherever located. <a id=\"paragraph-243753\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/13.1-910\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> The <span class=\"dictionary\">court<\/span> may appoint an <span class=\"dictionary\">individual<\/span>, a <span class=\"dictionary\">domestic corporation<\/span>, or a <span class=\"dictionary\">foreign corporation<\/span>, authorized to <span class=\"dictionary\">transact business<\/span> in the Commonwealth, as a receiver or custodian. The <span class=\"dictionary\">court<\/span> may require the receiver or custodian to post <span class=\"dictionary\">bond<\/span>, with or without sureties, in an amount the <span class=\"dictionary\">court<\/span> directs. <a id=\"paragraph-243754\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/13.1-910\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> The <span class=\"dictionary\">court<\/span> shall describe the powers and duties of the receiver or custodian in its appointing <span class=\"dictionary\">order<\/span>, which may be amended from time to time. Among other powers: <a id=\"paragraph-243755\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/13.1-910\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> The receiver (i) may dispose of all or any part of the <span class=\"dictionary\">assets<\/span> of the corporation wherever located, at a public or private sale, if authorized by the <span class=\"dictionary\">court<\/span>, and (ii) may sue and defend in his own name as receiver of the corporation in all <span class=\"dictionary\">courts<\/span> of the Commonwealth; and <a id=\"paragraph-243756\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/13.1-910\/#C1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> The custodian may exercise all of the powers of the corporation, through or in place of its <span class=\"dictionary\">board of directors<\/span> or officers, to the extent necessary to manage the affairs of the corporation in the best <span class=\"dictionary\">interest<\/span> of its <span class=\"dictionary\">members<\/span> and <span class=\"dictionary\">creditors<\/span>. <a id=\"paragraph-243757\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/13.1-910\/#C2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> The <span class=\"dictionary\">court<\/span> during a receivership may redesignate the receiver a custodian, and during a custodianship may redesignate the custodian a receiver, if doing so is in the best <span class=\"dictionary\">interest<\/span> of the corporation, its <span class=\"dictionary\">members<\/span>, and <span class=\"dictionary\">creditors<\/span>. <a id=\"paragraph-243758\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/13.1-910\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E\"><p><span class=\"prefix-number\">E.<\/span> The <span class=\"dictionary\">court<\/span> from time to time during the receivership or custodianship may <span class=\"dictionary\">order<\/span> compensation paid and expense disbursements or reimbursements made to the receiver or custodian and the custodian&#8217;s <span class=\"dictionary\">counsel<\/span> from the <span class=\"dictionary\">assets<\/span> of the corporation or proceeds from the sale of the <span class=\"dictionary\">assets<\/span>. <a id=\"paragraph-243759\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/13.1-910\/#E\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nRECEIVERSHIP OR CUSTODIANSHIP (\u00a7 13.1-910)\n\nA. A court in a judicial proceeding brought to dissolve a corporation may\nappoint one or more receivers to wind up and liquidate, or one or more\ncustodians to manage while the proceeding is pending, the business and affairs\nof the corporation. The court shall hold a hearing, after notifying all parties\nto the proceeding and any interested persons designated by the court, before\nappointing a receiver or custodian. The court appointing a receiver or custodian\nhas exclusive jurisdiction over the corporation and all its property wherever\nlocated.\n\nB. The court may appoint an individual, a domestic corporation, or a foreign\ncorporation, authorized to transact business in the Commonwealth, as a receiver\nor custodian. The court may require the receiver or custodian to post bond, with\nor without sureties, in an amount the court directs.\n\nC. The court shall describe the powers and duties of the receiver or custodian\nin its appointing order, which may be amended from time to time. Among other\npowers:\n\n   1. The receiver (i) may dispose of all or any part of the assets of the\n   corporation wherever located, at a public or private sale, if authorized by\n   the court, and (ii) may sue and defend in his own name as receiver of the\n   corporation in all courts of the Commonwealth; and\n\n   2. The custodian may exercise all of the powers of the corporation, through or\n   in place of its board of directors or officers, to the extent necessary to\n   manage the affairs of the corporation in the best interest of its members and\n   creditors.\n\nD. The court during a receivership may redesignate the receiver a custodian, and\nduring a custodianship may redesignate the custodian a receiver, if doing so is\nin the best interest of the corporation, its members, and creditors.\n\nE. The court from time to time during the receivership or custodianship may\norder compensation paid and expense disbursements or reimbursements made to the\nreceiver or custodian and the custodian&#8217;s counsel from the assets of the\ncorporation or proceeds from the sale of the assets.\n\nHISTORY: Code 1950, \u00a7\u00a7 13.1-258, 13.1-259; 1956, c. 428; 1985, c. 522; 2007,\nc. 925.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}