2006 New Mexico Statutes - 58-13B-38 — Power of court to grant relief.

58-13B-38. Power of court to grant relief.

A.     Upon a showing by the director that a person has violated or is about to violate the New Mexico Securities Act of 1986 [Chapter 58, Article 13B NMSA 1978] or any rule or order of the director under that act, the district court of Santa Fe county or other appropriate district court in the state may grant or impose one or more of the following appropriate legal or equitable remedies:   

(1)     a temporary restraining order, permanent or temporary prohibitory or mandatory injunction or a writ of prohibition or mandamus;   

(2)     a civil penalty up to a maximum of five thousand dollars ($5,000) for each violation;   

(3)     disgorgement;   

(4)     declaratory judgment;   

(5)     restitution to investors;   

(6)     the appointment of a receiver or conservator for the defendant or the defendant's assets;   

(7)     recovery by the director of all costs and expenses for conducting an investigation or the bringing of any enforcement action under that act; or   

(8)     other relief as the court deems just.   

B.     Upon a showing that the defendant is about to violate the New Mexico Securities Act of 1986 [Chapter 58, Article 13B NMSA 1978] or a rule or order of the director under that act, a court may issue:   

(1)     a temporary restraining order;   

(2)     a temporary or permanent injunction;   

(3)     a writ of prohibition or mandamus; or   

(4)     an order for costs and expenses.   

C.     In determining the appropriate relief to grant, the court shall consider enforcement actions taken and sanctions imposed by the director under Section 58-13B-36 NMSA 1978 in connection with the transactions constituting violations of the New Mexico Securities Act of 1986 [Chapter 58, Article 13B NMSA 1978].   

D.     The court shall not require the director to post a bond in an action under this section.   

E.     Upon a showing by the administrator or securities agency of another state that a person has violated the securities act of that state or a rule or order of the administrator or securities agency of that state, the district court of Santa Fe county or other appropriate district court may grant, in addition to any other legal or equitable remedies, one or more of the following remedies:   

(1)     appointment of a receiver, conservator or ancillary receiver or conservator for the defendant or the defendant's assets located in this state; or   

(2)     other relief as the court deems just.