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Receivership
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==Types of receivership== Receiverships can be broadly divided into two types:{{Citation needed |date=April 2024}} *those related to [[insolvency]] or enforcement of a [[security interest]] *those where either: **a person is incapable of managing their affairs and a court has appointed a receiver to manage the property on their behalf β for example, a receiver appointed by a [[court of protection]] under [[Mental Health Act|mental health legislation]]<ref>{{cite web|url=https://www.lei.co.uk/FAQs/The-Court-of-Protection-and-the-Office-of-the-Publ|title=The Court of Protection and the Office of the Public Guardian β the basics|publisher=[[Leigh Day & Co]]|access-date=29 December 2016}}{{Dead link|date=March 2023 |bot=InternetArchiveBot |fix-attempted=yes }}</ref><ref>{{Cite web|url=http://www.lexology.com/library/detail.aspx?g=32057889-4163-40a2-9561-b70c20f30058|title=Receivers appointment based on borrower's mental incapacity valid even if capacity regained prior to the appointment |date=3 February 2015 |publisher=Lexology|access-date=29 December 2016}}</ref> (in some jurisdictions, this is called [[conservatorship]]) or **a court seizes control of property because of breaches of law or regulation. Receiverships relating to insolvency are subdivided into two further categories: administrative/equity receivership, where the receiver is granted wide management powers over all or most of the property of a business, and other receiverships (sometimes misleadingly called ''fixed charge receiverships'') where the receiver has limited control over specific property, with no broader powers beyond managing or selling the individual asset.{{Citation needed |date=April 2024}} Receivers are appointed by either a government regulator, privately, or a court.<ref name=Philip2007/> The receiver's powers "flow from the document(s) underlying his appointment" β i.e., a [[statute]], financing agreement, or [[court order]].{{Citation needed |date=April 2024}}
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