2018 Indiana Code
TITLE 23. Business and other Associations
ARTICLE 2. SECURITIES AND FRANCHISES
CHAPTER 6. Indiana Commodity Code
23-2-6-29. Cease and desist orders; civil remedies

Universal Citation: IN Code § 23-2-6-29 (2018)
IC 23-2-6-29 Cease and desist orders; civil remedies

     Sec. 29. (a) If the commissioner believes, whether or not based upon an investigation conducted under section 28 of this chapter, that a person has engaged or is about to engage in any act or practice that violates this chapter or any rule or order adopted or issued by the commissioner, the commissioner may do any of the following:

(1) Issue a cease and desist order.

(2) Issue an order imposing a civil penalty of not more than ten thousand dollars ($10,000) for any single violation.

(3) Initiate any of the actions specified in subsection (b).

     (b) In addition to any other legal or equitable remedies, the commissioner may bring any of the following actions in circuit or superior court or in the appropriate courts of another state:

(1) An action for declaratory judgment.

(2) An action for a prohibitory injunction or mandatory injunction to:

(A) enjoin any violation; and

(B) ensure compliance with this chapter or any rule or order adopted or issued by the commissioner.

(3) An action for disgorgement.

(4) An action for the appointment of a receiver or conservator for the defendant or the defendant's assets.

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

 

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