Section 185: Appointment of receiver under instrument

185. Appointment of receiver under instrument (1) Where an instrument confers on the chargee the power to appoint a receiver or a receiver and manager, the chargee may appoint a receiver or a receiver and manager by an instrument in writing signed by him or on his behalf. (2) A receiver or a receiver and manager appointed by, or under a power conferred by, an instrument, shall be the agent of the chargor, unless the instrument expressly provides otherwise. (3) A receiver or a receiver and manager may be appointed under this section— (a) notwithstanding any other enactment; and (b) whether or not the property in respect of which the receiver or receiver and manager is appointed includes immovable property. (4) A person appointed a receiver may act as receiver and manager unless the instrument appointing him excludes appointment as manager. (5) A power conferred by an instrument to appoint a receiver includes, unless the instrument expressly provides otherwise, the power to appoint— (a) 2 or more receivers; (b) a receiver additional to a receiver in office; and (c) a receiver to succeed a receiver whose office has become vacant.