A. The Commission may, by judgment entered after a hearing on 30 days' notice to the defendant, if it is proved that the defendant has knowingly made any misrepresentation of a material fact for the purpose of inducing the Commission to take any action or to refrain from taking action, or has violated any provision of this chapter or any order, rule, or regulation of the Commission issued pursuant to this chapter, impose a civil penalty not exceeding $10,000, which shall be collectible by the process of the Commission as provided by law.
B. In addition to imposing the penalty set forth in subsection A, or without imposing such penalty, the Commission may, in any such case, revoke any authority or registration issued by the Commission to or at the instance of the defendant.
C. Each sale of a security contrary to the provisions of this chapter shall constitute a separate violation. The Commission may in any such case under subsection A order the seller to rescind any such sale and to make restitution to the purchaser and the Commission shall consider such rescission and restitution in determining whether a penalty should be imposed on him on account of that illegal sale, and if so, the amount of such penalty.
D. Each investment advisory contract, transaction or activity contrary to the provisions of this chapter shall constitute a separate violation. The Commission may in any such case under subsection A order the investment advisor or investment advisor representative to rescind any such contract or transaction and to make restitution to the user of the investment advisory service and the Commission shall consider such rescission and restitution in determining whether a penalty should be imposed on him on account of that illegal contract, transaction or activity and, if so, the amount of such penalty.
E. The provisions of subsections C and D of this section regarding rescission and restitution apply only to this chapter.
Code 1950, § 13-153; 1956, c. 428; 1987, c. 678; 1990, c. 31; 2000, c. 166; 2009, c. 566.
Structure Code of Virginia
§ 13.1-502. Unlawful offers and sales
§ 13.1-504.2. Broker-dealer services provided by credit unions; when registration not required
§ 13.1-505. Procedure for registration
§ 13.1-505.1. Post-registration provisions
§ 13.1-506. Revocation of registration
§ 13.1-507. Registration requirement; exemptions
§ 13.1-508. Registration by notification
§ 13.1-509. Registration by coordination
§ 13.1-510. Registration by qualification
§ 13.1-511. Effectiveness and reports
§ 13.1-514.1. Exemption of certain securities by order of Commission
§ 13.1-514.2. Primacy of Virginia law to be maintained
§ 13.1-516. Misleading filings
§ 13.1-517. Consent to service of process
§ 13.1-518. Investigations; confidentiality of information and documents
§ 13.1-518.1. Broker-dealers and investment advisors to file certain reports with Commission
§ 13.1-520.1. Commission may transmit record or complaint to locality where violation occurred
§ 13.1-521. Violations punishable by the Commission
§ 13.1-523.1. Commission authority to regulate securities and investment advisory activities
§ 13.1-524. Certain records of Commission available to public; admissibility of copies; destruction
§ 13.1-525. Official interpretations
§ 13.1-525.1. Fees to cover expense of regulation
§ 13.1-527.1. Division created; duties