Sec. 31. (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.
As added by P.L.177-1991, SEC.10.
Structure Indiana Code
Title 23. Business and Other Associations
Article 2. Securities and Franchises
Chapter 6. Indiana Commodity Code
23-2-6-1. "Board of Trade" Defined
23-2-6-2. "Commissioner" Defined
23-2-6-5. "Commodity Broker-Dealer" Defined
23-2-6-6. "Commodity Contract" Defined
23-2-6-7. "Commodity Exchange Act" Defined
23-2-6-8. "Commodity Futures Trading Commission" Defined
23-2-6-9. "Commodity Merchant" Defined
23-2-6-10. "Commodity Option" Defined
23-2-6-11. "Commodity Sales Representative" Defined
23-2-6-12. "Financial Institution" Defined
23-2-6-15. "Precious Metal" Defined
23-2-6-17. Limitations; Commodity Contracts or Options
23-2-6-18. Persons Permitted to Offer Transactions Under Ic 23-2-6-17
23-2-6-19. Contracts or Transactions Permitted Under Ic 23-2-6-17
23-2-6-20. Waiver of Requirements; Qualified Sellers; Limitation on Authority to Engage in Business
23-2-6-21. Summary Denial or Suspension of Exemption; Qualified Sellers
23-2-6-23. Registration of Commodity Merchants; Places for Trading Commodities or Options
23-2-6-25. Liability; Violation of Chapter
23-2-6-26. Effect of Chapter on Securities Law
23-2-6-27. Construction and Implementation of Chapter
23-2-6-28. Investigations; Examinations; Hearings; Civil Penalties
23-2-6-29. Cease and Desist Orders; Civil Remedies
23-2-6-30. Violations; Special Remedies
23-2-6-31. Commodity Codes of Other States; Violations; Remedies
23-2-6-32. Bonds; Official Actions
23-2-6-34. Administration of Chapter
23-2-6-35. Cooperation With Other Authorities
23-2-6-36. Rules; Forms; Orders
23-2-6-38. Application of Sections Ic 23-2-6-17, Ic 23-2-6-23, and Ic 23-2-6-24
23-2-6-39. Administrative Proceedings
23-2-6-40. Summary Orders; Final Orders
23-2-6-41. Review; Final Orders of Commissioner