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Title XXVI TRADE AND COMMERCE

Chapter 409

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  409.826.  Violations of domestic or foreign laws, rules — legal and equitable remedies. — 1.  (1)  Upon a proper showing by the commissioner that a person has violated, or is about to violate, any provision of sections 409.800 to 409.863 or any rule or order of the commissioner, the circuit court may grant appropriate legal or equitable remedies.  Upon showing of violation of sections 409.800 to 409.863 or a rule or order of the commissioner, the court, in addition to traditional legal and equitable remedies, including temporary restraining orders, permanent or temporary prohibitory or mandatory injunctions, and writs of prohibition or mandamus, may grant the following special remedies:

  (a)  Imposition of a civil penalty in amount which may not exceed ten thousand dollars for any single violation or one hundred thousand dollars for multiple violations in a single proceeding or a series of related proceedings;

  (b)  Declaratory judgment;

  (c)  Restitution to investors wishing restitution; and

  (d)  Appointment of a receiver or conservator for the defendant or the defendant's assets.

  (2)  Upon a proper showing that the defendant is only about to violate sections 409.800 to 409.863 or a rule or order of the commissioner, appropriate remedies shall be limited to:

  (a)  A temporary restraining order;

  (b)  A temporary or permanent injunction;

  (c)  A writ of prohibition or mandamus; or

  (d)  An order appointing a receiver or conservator for the defendant or the defendant's assets.

  2.  The court shall not require the commissioner to post a bond in any official action under sections 409.800 to 409.863.

  3.  (1)  Upon a proper showing by the commissioner or securities or commodity agency of another state that a person other than a government or governmental agency or instrumentality has violated, or is about to violate, any provision of the commodity code of that state or any rule or order of the administrator or securities or commodity agency of that state, the circuit court may grant appropriate legal and equitable remedies.  Upon a showing of a violation of the securities or commodity act of the foreign state or a rule or order of the administrator or securities or commodity agency of the foreign state, the court, in addition to traditional legal or equitable remedies including temporary restraining orders, permanent or temporary prohibitory or mandatory injunctions and writs of prohibition or mandamus, may grant the following special remedies:

  (a)  Appointment of a receiver, conservator, or ancillary receiver or conservator for the defendant or the defendant's assets located in this state.

  (2)  Upon a proper showing that the defendant is only about to violate the securities or commodity act of the foreign state or a rule or order of the administrator or securities or commodity agency of the foreign state, appropriate remedies shall be limited to:

  (a)  A temporary restraining order;

  (b)  A temporary or permanent injunction;

  (c)  A writ of prohibition or mandamus; or

  (d)  An order appointing a receiver, conservator, or ancillary receiver or conservator for the defendant or the defendant's assets located in this state.

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(L. 1985 H.B. 409 & 532 § 11)


---- end of effective   28 Aug 1985 ----

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