§ 23-2-6-31 — Commodity codes of other states; violations; remedies

Indiana § 23-2-6-31

• Jurisdiction: Indiana
• Title 23: BUSINESS AND OTHER ASSOCIATIONS
• Art. 2: SECURITIES AND FRANCHISES
• Ch. 6: Indiana Commodity Code

Text

(a) Upon a showing by the commissioner or
by a securities or commodity agency of another state that a person,
other than a government or a governmental agency, has violated or is
about to violate the commodity code of that state or any rule or order
of the securities commissioner or the securities agency or commodity
agency of that state, the court may grant appropriate legal and equitable
remedies.
(b) Upon a showing of a violation of the securities or commodity act
of another foreign state or a rule or an order of the securities
commissioner or securities agency or commodity agency of that state,
a 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
order the following special remedies:
(1) Disgorgement.
(2) Appointment of a receiver, a conservator, or an ancillary
receiver or conservator for the defendant or for the defendant's
assets located in Indiana.
(c) If the commissioner shows only that a person is about to violate
the securities act or commodities act of another state or a rule or order
issued or adopted by the administrator of the securities act or
commodities act of another state, appropriate remedies under this
chapter are limited to the following:
(1) A temporary restraining order.
(2) A temporary injunction or permanent injunction.
(3) A writ of prohibition or writ of mandamus.
(4) An order appointing a receiver, a conservator, or an ancillary
receiver or conservator for the defendant or for the defendant's
assets located in Indiana.

Legislative History

As added by P.L.177-1991, SEC.10.