§ 7-11-603 - Power of court to grant relief.
SECTION 7-11-603
§ 7-11-603 Power of court to grant relief.– (a) Upon a showing by the director that a person has violated or is about toviolate this chapter or a rule or order of the director under this chapter, thesuperior court may grant or impose one or more of the following appropriatelegal or equitable remedies:
(1) Upon a showing of a violation of this chapter or a ruleor order of the director under this chapter:
(i) A temporary restraining order, permanent or temporaryprohibitory or mandatory injunction, or a writ of prohibition or mandamus;
(ii) A civil penalty up to a maximum of ten thousand dollars($10,000) for a single violation or of one hundred thousand dollars ($100,000)for multiple violations in a single proceeding or a series of relatedproceedings;
(iii) A declaratory judgment;
(iv) Restitution to investors;
(v) The appointment of a receiver or conservator for thedefendant or the defendant's assets; and
(vi) Other relief as the court deems just.
(2) Upon a showing that the defendant is about to violatethis chapter or a rule or order of the director under this chapter only:
(i) A temporary restraining order;
(ii) A temporary or permanent injunction; or
(iii) A writ of prohibition or mandamus.
(3) In determining the appropriate relief to grant, the courtshall consider enforcement actions taken and sanctions imposed by the directorunder § 7-11-602 in connection with the transactions constitutingviolations of this chapter or a rule or order of the director under thischapter.
(b) The director is not required to post a bond in an actionunder this section.
(c) Upon a showing by the securities agency or administratorof another state that a person has violated the securities act of that state ora rule or order of the securities agency or administrator of that state, thecourt, in addition to any other legal or equitable remedies may impose one ormore of the following remedies:
(1) Appointment of a receiver, conservator, or ancillaryreceiver or conservator for the defendant or the defendant's assets located inthis state; and
(2) Other relief as the court deems just.