|
disgorgement directed to a person that has engaged in an | act, practice or course of business constituting a | violation of this chapter or the predecessor act or a | rule adopted or order issued under this chapter or the | predecessor act; and |
|
| (4) Ordering the payment of prejudgment and | postjudgment interest; or |
|
| C.__Order such other relief as the court considers | appropriate. |
|
| | 3.__No bond required.__The administrator is not required to | post a bond in an action or proceeding under this chapter. |
|
| | 4.__Securities agency of another state.__Upon a showing by the | administrator or securities agency of another state that a person | has violated any provision of the securities act of that state or | any rule or order of the administrator or securities agency of | that state, the Superior Court may grant appropriate legal and | equitable remedies. |
|
| | Prior Provisions: 1956 Act Section 408; RUSA Section 603 |
|
| | 1. Section 408 of the 1956 Act was limited to injunctions. | This Section follows RUSA in broadening the civil remedies | available when the administrator believes that a violation has | occurred. A primary purpose of a broad range of potential | sanctions is to enable administrators to better tailor | appropriate sanctions to particular misconduct. |
|
| | 2. The administrator alternatively may proceed to seek | administrative enforcement under Section 604; to deny, suspend, | or revoke a securities registration under Section 306; or to | deny, suspend, revoke, or take other action against a broker- | dealer, agent, investment adviser, or investment adviser | representative registration under Section 412. |
|
| | 3. Constitutional due process considerations can also be | addressed by rulemaking or incorporation of the applicable | administrative procedure act provisions of each jurisdiction. The | term "upon a proper showing" has a settled meaning in the federal | securities laws. See, e.g., Securities Act of 1933 Section 20(b). |
|
| | 4. As with Sections 509(g)(3) and (4), materially aid in | Section 603(a) does not include ministerial or clerical acts. |
|
|