§ 64.022.Oath

One sentence, and it is one of two things that must happen before a receiver may act.

Before a person assumes the duties of a receiver, he must be sworn to perform the duties faithfully.

The oath comes before the duties, not with them. A person appointed but not sworn has no authority to take charge of anything.

What is sworn to is faithfulness, which is the standard by which a receiver’s conduct is judged — and the bond is conditioned on the same thing.

The oath is a small formality with a real function. A receiver is not an employee of either party but an officer of the court, and the oath is what marks the transition into that role.

That status explains much of the chapter. A receiver acts subject to the control of the court, reports to the court, may be sued in an official capacity, and is discharged by the court.

The oath is also what the turnover statute’s financial institution provision refers to. A bank asked to hand assets to a receiver may require a certified copy of the sworn affidavit along with the appointment order and the bond, and the oath is what that documents.

Together the three requirements form a sequence: qualify under the residence and disinterest rules, take the oath, execute the bond — and only then assume the duties.

A receiver who acts before completing them is acting without authority, which matters for anyone dealing with the receivership.