This text of Iowa § 502A.13 (Power of court to grant relief) is published on Counsel Stack Legal Research, covering Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
1. a. Uponapropershowingbytheadministratorthatapersonhasviolated, orisaboutto
violate, this chapter or a rule or order of the administrator, a court of competent jurisdiction
may grant appropriate legal or equitable remedies.
b. Upon showing of violation of this chapter or a rule or order of the administrator,
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 any or all of the following special remedies:
(1)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.
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1. a. Uponapropershowingbytheadministratorthatapersonhasviolated, orisaboutto
violate, this chapter or a rule or order of the administrator, a court of competent jurisdiction
may grant appropriate legal or equitable remedies.
b. Upon showing of violation of this chapter or a rule or order of the administrator,
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 any or all of the following special remedies:
(1) 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.
(2) Disgorgement.
(3) Declaratory judgment.
(4) Restitution to investors wishing restitution.
(5) Appointment of a receiver or conservator for the defendant or the defendant’s assets.
c. Appropriate remedies when the defendant is shown only about to violate this chapter
or a rule or order of the administrator shall be limited to any or all of the following:
(1) A temporary restraining order.
(2) A temporary or permanent injunction.
(3) A writ of prohibition or mandamus.
(4) An order appointing a receiver or conservator for the defendant or the defendant’s
assets.
2. The court shall not require the administrator to post a bond in any official action under
this chapter.
3. a. Upon a proper showing by the administrator 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, the commodity code of that state or a rule
or order of the administrator or securities or commodity agency of that state, the district
court may grant appropriate legal and equitable remedies.
b. Upon 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 either or both of the following special remedies:
9 COMMODITIES CODE, §502A.15
(1) Disgorgement.
(2) Appointment of a receiver, conservator, or ancillary receiver or conservator for the
defendant or the defendant’s assets located in this state.
c. Appropriate remedies when the defendant is shown 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 shall be limited to any or all of the following:
(1) A temporary restraining order.
(2) A temporary or permanent injunction.
(3) A writ of prohibition or mandamus.
(4) An order appointing a receiver, conservator, or ancillary receiver or conservator for
the defendant or the defendant’s assets located in this state.