A temporary receiver shall keep written accounts itemizing receipts and expenditures, and describing the property and naming the depository of receivership funds, which shall be open to inspection by any person having an apparent interest in the property. Upon motion of the receiver or of any person having an apparent interest in the property, the court may require the keeping of particular records or direct or limit inspection or require presentation of a temporary receiver’s accounts. Notice of a motion for the presentation of a temporary receiver’s accounts shall be served upon the sureties on his undertaking as well as upon each party.
§ 6404.Accounts.
Article 64. Receivership · Last amended 1963 · Last verified July 21, 2026
In one sentenceCPLR 6404 requires a temporary receiver to keep itemized written accounts of receipts, expenditures, and property, open to inspection by interested persons, and lets the court order particular record-keeping or require the receiver to present those accounts.
Full Text of CPLR 6404
Plain-English Summary
CPLR 6404 keeps a temporary receiver's management of the property transparent while the case is pending. The receiver must keep written accounts that itemize what came in and what went out, describe the property under the receiver's control, and name the depository holding receivership funds. Those records are not private -- anyone with an apparent interest in the property can inspect them.
The court can go further than the baseline requirement. On motion of the receiver or anyone with an interest in the property, the court may order the receiver to keep particular kinds of records, direct or limit who gets to inspect them, or require the receiver to formally present the accounts for review. When a motion asks the court to require that presentation, notice of it must go not only to each party but to the sureties on the receiver's undertaking, since they stand to answer for any shortfall the accounts reveal.
Frequently Asked Questions
What records must a temporary receiver keep?
Written accounts itemizing receipts and expenditures, a description of the property, and the name of the depository holding receivership funds.
Who can inspect a receiver's accounts?
Any person with an apparent interest in the property, not only the named parties to the action.
Can a court require a receiver to keep additional records?
Yes, on motion of the receiver or any interested person, the court may direct particular record-keeping, or limit or direct inspection.
Why must the sureties on the receiver's undertaking get notice of an accounting motion?
Because a motion to require the receiver to present accounts can expose problems the sureties would be financially responsible for under the undertaking, so the statute requires they be served along with each party.
Can a party force a receiver to formally present the accounts to the court?
Yes, any interested person or the receiver can move for an order requiring presentation of the receiver's accounts.
Advisory Committee Notes
This section is based in part upon RCP 181, which was limited to receiverships of improved real property. Since no provision appeared in the civil practice act or rules for the keeping of accounts generally, the provision has been broadened to include all receivers and to include the presentation of accounts. The detailed description of property required by RCP 181 has been omitted. In most cases, a description of the property generally will suffice, since only a person already interested in the property can inspect the records. This general description would ordinarily be in the order appointing the receiver, but this section also requires that the receiver keep it on record. The specifications of former rule 181 describing persons who may inspect the receiver’s accounts have been replaced by the general phrase “any person interested in the property.” Should the receiver refuse permission to inspect records to a particular person, he can move to compel the receiver to open the records to him. The provision of the last sentence of this section requiring the sureties to be served with notice is derived from the last two sentences of CPA § 976. Eight days is the notice of motion requirement for all motions. See rule 2214(b).
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 6404 receiver accountstemporary receiver accounting New Yorkinspect receiver's records NYNew York receivership recordkeeping