Readings in Money and Banking: Selected and AdaptedPhillips, Chester Arthur
General
Readings in Money and Banking: Selected and Adapted
Phillips, Chester Arthur
Banks and banking; Banks and banking -- United States; Money
As assignee the trust company takes possession of the property assigned
for the purpose of carrying out the terms of the deed of assignment in
the interest both of the assignor and the creditors of the assignor. The
deed of assignment is an acknowledgment of an embarrassed or insolvent
condition, and the efforts of the assignee are directed to realizing as
much as possible from the assets intrusted to its management.
As receiver, the duties may be very similar to those of assignee,
although they are usually broader in scope. The business may not be
insolvent, and the application for the appointment of a receiver may be
due to temporary difficulties only. By such an appointment the property
is preserved intact and equal treatment is afforded creditors. An able
receivership often results in the adjustment of difficulties and the
return of the property to its owners on a paying basis. While in the
case of assignee the appointment is by the individual, partnership, or
corporation executing the deed of assignment which specifies the powers
and duties of the assignee, in the case of receiver the appointment is
by a court and the company so appointed acts as an appointee or
ministerial officer of the court, and as such is directly subject to the
court's orders.
A trust company acting as receiver is better able than an individual to
furnish additional capital, if amply secured, and thus successfully to
meet the difficulties which withdrawal of credit and restricted capital
have temporarily brought upon an otherwise prosperous business. The
courts authorize the issue of receivers' certificates to provide funds
for purchase of equipment and the proper maintenance of the property and
conduct of the business when the creditors are benefited by such
expenditures. Such certificates may be made a first lien on all assets,
taking precedence even of mortgages and other secured obligations. The
receiver thus secures the capital necessary to make the property more
productive and to secure the largest return from the business.
As custodian or depositary, the trust company sometimes holds property
the title to which is in dispute, delivering the same when the ownership
is legally determined.
In taking charge of escrows or conditional instruments or deeds
delivered to a third party until the condition is performed, the trust
company acts in a similar capacity, as the joint representative of both
parties.
The trust company acts as the representative of both the living and the
dead in practically every legal relation in which an individual is
qualified to act. Its function is not only to keep intact the estate of
which it has charge, but to look to and safeguard the interest of every
beneficiary.
CARE OF SECURITIES AND VALUABLES
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