Before entering upon the duties of a receiver:
§ 567.Oath and Undertaking Before Entering Upon Duties
Title 7. Other Provisional Remedies In Civil Actions · Chapter 5. Receivers · Last amended 1982 · Last verified July 28, 2026
In one sentenceSection 567 requires a person appointed receiver to take an oath to perform the duties faithfully and to post an undertaking to the State of California, in an amount the court sets, promising faithful performance and obedience to the court's orders, with the receiver entitled to recover the bond's cost.
Full Text of § 567
(a) The receiver must be sworn to perform the duties faithfully.
(b) The receiver shall give an undertaking to the State of California, in such sum as the court or judge may direct, to the effect that the receiver will faithfully discharge the duties of receiver in the action and obey the orders of the court therein. The receiver shall be allowed the cost of the undertaking.
Plain-English Summary
Before a receiver can act, two things have to happen. First, the receiver swears an oath to perform the job faithfully -- a formality, but one the statute makes a condition of taking office. Second, the receiver posts an undertaking, running to the State of California rather than to any party, in whatever sum the court or judge directs.
That bond promises two things: that the receiver will faithfully discharge the receivership duties, and that the receiver will obey the court's orders in the action. If the receiver falls short on either promise, the bond gives the court and interested parties a fund to draw on. The receiver isn't left to absorb the cost of that protection -- the statute lets the receiver recover the expense of the undertaking.
This bond is distinct from the one § 566(b) requires of a plaintiff who seeks an ex parte appointment. That earlier bond protects a defendant against a wrongful appointment; this one protects against a receiver who, once appointed, fails to do the job properly.
Frequently Asked Questions
What must a receiver do before starting the job?
Swear an oath to faithfully perform the receiver's duties, and give an undertaking to the State of California in a sum the court or judge directs.
Who is the receiver's bond payable to?
The State of California, not the parties to the action.
Who decides the amount of a receiver's undertaking?
The court or judge overseeing the receivership.
Can the receiver recover the cost of obtaining the bond?
Yes, § 567(b) says the receiver shall be allowed the cost of the undertaking.
Amendment History
Amended by Stats. 1982, Ch. 517, Sec. 128.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: receiver oath and bond californiareceiver undertaking requirement california