A temporary receiver, before entering upon his or her duties, shall be sworn faithfully and fairly to discharge the trust committed to him or her. The oath may be administered by any person authorized to take acknowledgments of deeds by the real property law. The oath may be waived upon consent of all parties.
§ 1339.Oath
Article 13-A. Proceeds of Crime—forfeiture · Last amended 1984 · Last verified July 21, 2026
In one sentenceRequires a temporary receiver to swear to faithfully discharge the receivership trust before taking up duties, permits any officer authorized to take deed acknowledgments to administer the oath, and lets the parties waive it by consent.
Full Text of CPLR 1339
Plain-English Summary
Section 1339 is a short formality with real teeth. Before a temporary receiver appointed under section 1338 can start acting -- taking property, collecting debts, or exercising any other power the court granted -- the receiver must take an oath to discharge the receivership trust faithfully.
The statute keeps the logistics loose. Any person authorized under the real property law to take acknowledgments of deeds can administer the oath, so a receiver does not need to track down a judge or a particular court officer to get sworn in. And if every party consents, the oath requirement can be waived outright.
Frequently Asked Questions
When must a temporary receiver take the oath required by section 1339?
Before entering upon the duties of the receivership -- the oath comes first, then the receiver can begin acting under the powers the court granted.
Who can administer the receiver's oath?
Any person authorized under the real property law to take acknowledgments of deeds, not only a judge or court clerk.
Can the parties skip the oath requirement?
Yes, the oath may be waived upon consent of all parties to the action.
What does the receiver swear to do?
To discharge faithfully the trust committed to the receiver under the appointment.
Does the oath requirement apply to every receiver appointed under Article 13-A?
Yes, it applies to any temporary receiver appointed under section 1338, before that receiver takes any action over the property.
Amendment History
Add, L 1984, ch 669, § 1, eff Aug 1, 1984 and applicable to crimes committed on and after Aug 1, 1984.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: CPLR 1339 receiver oathtemporary receiver oath New Yorkforfeiture receiver sworn dutieswaive receiver oath CPLR