Whenever it appears to the Securities Commission that any person has engaged in or is about to engage in any act or practice constituting a violation of any provision of this article or any rule or order hereunder, it may, in its discretion, do either or both of the following:
(a) Issue a cease and desist order, with or without a prior hearing, against the person or persons engaged in the prohibited activities, directing them to cease and desist from engaging in the act or practice.
(b) Bring an action in its discretion in any court of competent jurisdiction to enjoin the act or practice and to enforce compliance with this article or any rule or order issued hereunder.
Upon a proper showing, a permanent injunction, temporary restraining order, or writ of mandamus shall be granted and a receiver or conservator may be appointed for the defendant or the defendant's assets. In addition, upon a proper showing by the commission, the court may enter an order of rescission, restitution, or disgorgement directed at any person who has engaged in an act constituting a violation of this article or any rule or order adopted or issued pursuant to this article. The Securities Commission shall not be required to post a bond.
Structure Code of Alabama
Title 8 - Commercial Law and Consumer Protection.
Article 1 - General Provisions.
Section 8-6-3 - Registration and Bonds of Dealers, Agents, Investment Advisers, Etc.
Section 8-6-4 - Registration of Securities - Required; Exceptions.
Section 8-6-5 - Registration of Securities - Registration by Notification.
Section 8-6-6 - Registration of Securities - Registration of Certain Securities by Coordination.
Section 8-6-7 - Registration of Securities - Registration by Qualification.
Section 8-6-9 - Registration of Securities - Denial, Suspension and Revocation of Registration.
Section 8-6-10 - Registration of Securities - Exempt Securities.
Section 8-6-11 - Registration of Securities - Exempt Transactions.
Section 8-6-15 - Investigations and Subpoenas by Commission.
Section 8-6-17 - Prohibited Acts Regarding Offer, Sale, or Purchase of Securities.
Section 8-6-18 - Criminal Penalties for Violations of Article; Enforcement; Scienter.
Section 8-6-19 - Civil Liabilities of Sellers, Agents, etc.; Remedies of Purchasers.
Section 8-6-23 - Making, Amending, and Rescinding Rules and Prescribing Forms by Commission.
Section 8-6-24 - Liability for Acts Done or Omitted in Good Faith Under Rules, Forms, or Orders.
Section 8-6-25 - Hearings to Be Public; Requests for Private Hearings.
Section 8-6-26 - Document Deemed Filed When Received.
Section 8-6-27 - Commission to Keep Register; Register to Be Open for Public Inspection.
Section 8-6-29 - Interpretative Opinions by Commission.
Section 8-6-30 - Burden of Proving Exemption or Exception From Definition.
Section 8-6-31 - Commission May Issue Warnings to Public and Publish Information Regarding Orders.