Sec. 11. (a) If the commissioner believes that a person has engaged, is engaging, or is about to engage in an act, practice, or course of business that:
(1) is; or
(2) materially aids;
a violation of this article or a rule adopted or an order issued under this article, the commissioner may maintain an action in the circuit or superior court in the county where the investigation or inquiry is being conducted to enjoin the act, practice, or course of business and to enforce compliance with this article or a rule adopted or an order issued under this article.
(b) In an action under this section and on a proper showing, the court may:
(1) issue a permanent or temporary injunction, restraining order, or declaratory judgment;
(2) order other appropriate or ancillary relief, including:
(A) an asset freeze, accounting, writ of attachment, writ of general or specific execution, and appointment of a receiver or conservator;
(B) ordering a receiver or conservator appointed under clause (A) to:
(i) take control of a respondent's property, including investment accounts and accounts in a depository institution, rents, and profits;
(ii) collect debts; and
(iii) acquire and dispose of property;
(C) imposing a civil penalty of not more than ten thousand dollars ($10,000) per violation and an order of rescission, restitution, or disgorgement directed to the person that has engaged in an act, practice, or course of business constituting a violation of this article or a rule adopted or an order issued under this article; and
(D) ordering the payment of prejudgment and postjudgment interest; or
(3) order other relief that the court considers appropriate.
(c) The commissioner may not be required to post a bond in an action or a proceeding under this article.
(d) Penalties collected under this section must be deposited in the securities division enforcement account established by IC 23-19-6-1(f).
As added by P.L.175-2019, SEC.2.
Structure Indiana Code
Title 23. Business and Other Associations
Chapter 11. Violations and Civil Enforcement
23-2.5-11-1. Permissive Actions; Denial of Licensure Application or Renewal; Suspension; Revocation
23-2.5-11-2. Required Actions; Denial of Licensure Application or Renewal; Suspension; Revocation
23-2.5-11-3. Investigation; Orders; Penalties
23-2.5-11-4. Censure; Permanent Bar
23-2.5-11-5. Notice Before Final Order
23-2.5-11-6. Implementation; Rules; Commissioner Actions
23-2.5-11-7. Immunity of Witness
23-2.5-11-8. Certificate of Compliance or Noncompliance
23-2.5-11-9. Court to Compel Obedience to Subpoena, Order, or Demand
23-2.5-11-10. Action to Enforce Penalty
23-2.5-11-11. Action to Enjoin; Other Relief
23-2.5-11-12. Appeal; Procedure
23-2.5-11-13. Admissibility of Copied Statements, Documents, and Records
23-2.5-11-14. Court Compelled Obedience to Subpoena, Order, or Demand
23-2.5-11-15. Contempt of Court; Liability for Damages; Contract Void
23-2.5-11-16. Securities Division and Department of Financial Institutions; Cooperation