A temporary receiver, before entering upon his duties, shall be sworn faithfully and fairly to discharge the trust committed to him. 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.
§ 6402.Oath.
Article 64. Receivership · Last amended 1963 · Last verified July 21, 2026
In one sentenceCPLR 6402 requires a temporary receiver to take an oath to discharge the trust faithfully and without partiality before starting the job, though the parties can agree to waive that oath.
Full Text of CPLR 6402
Plain-English Summary
Before a temporary receiver can start acting under a court's appointment, CPLR 6402 requires the receiver to take an oath promising to discharge the trust faithfully and without partiality. The oath is a formality with teeth: it puts the receiver on record, under oath, as accountable to the court and the parties for how the receivership is run.
The statute keeps the mechanics simple. Any person authorized under the Real Property Law to take acknowledgments of deeds -- a notary public, for instance -- can administer the oath, so a receiver does not need to track down a judge or clerk to get sworn in. And if every party to the action agrees, the oath can be waived altogether.
Frequently Asked Questions
Does a temporary receiver have to be sworn in before acting?
Yes. CPLR 6402 requires the receiver to take an oath to discharge the trust faithfully and without partiality before entering upon the duties of the office.
Who can administer the oath to a temporary receiver?
Anyone authorized under the Real Property Law to take acknowledgments of deeds, such as a notary public, may administer it.
Can the parties skip the oath requirement?
Yes, the oath may be waived if all parties to the action consent.
What does the receiver's oath promise?
That the receiver will discharge the trust committed to them, faithfully and without partiality, in managing the property under the court's order.
Does a judge have to administer the oath?
No. The statute does not require a judge -- any officer authorized to take deed acknowledgments can do it.
Advisory Committee Notes
The first sentence of this section is derived from the first sentence of CPA § 126. The second sentence of this section is in accordance with the former law. See notes to § 2309(a). The waiver provision of the second sentence of CPA § 126 has been simplified in accordance with the waiver provision of rule 4315. See notes to rule 4315.
Amendment History
Add, L 1962, ch 308, eff Sept 1, 1963.
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 6402 receiver oathtemporary receiver oath New Yorkreceiver oath waiver NYNew York receivership oath requirement