502.603 Civil enforcement.
1. Civil action instituted by administrator. If the administrator believes that a person has engaged, is engaging, or is about to engage in an act, practice, or course of business constituting a violation of this chapter or a rule adopted or order issued under this chapter or that a person has, is, or is about to engage in an act, practice, or course of business that materially aids a violation of this chapter or a rule adopted or order issued under this chapter, the administrator may maintain an action in the county in which the person against whom the action is being brought resides, has a principal place of business, or is doing business, or in the county where the transaction or any substantial portion of the transaction which is the subject of the action occurred, or in the county in which one or more of the victims of the transaction which is the subject of the action resides, to enjoin the act, practice, or course of business and to enforce compliance with this chapter or a rule adopted or order issued under this chapter.
2. Relief available. In an action under this section and on a proper showing, the court may do any of the following:
a. Issue a permanent or temporary injunction, restraining order, or declaratory judgment.
b. Order other appropriate or ancillary relief, which may include any of the following:
(1) Ordering an asset freeze, accounting, writ of attachment, writ of general or specific execution, and appointment of a receiver or conservator, that may be the administrator, for the defendant or the defendant’s assets.
(2) Ordering the administrator to take charge and control of a defendant’s property, including investment accounts and accounts in a depository institution, rents, and profits; to collect debts; and to acquire and dispose of property.
(3) Imposing a civil penalty not to exceed a maximum of five thousand dollars for a single violation or five hundred thousand dollars for more than one violation; an order of rescission, restitution, or disgorgement directed to a person that has engaged in an act, practice, or course of business constituting a violation of this chapter or the predecessor chapter or a rule adopted or order issued under this chapter or the predecessor chapter.
(4) Ordering the payment of prejudgment and postjudgment interest.
c. Order such other relief as the court considers appropriate.
3. No bond required. The administrator shall not be required to post a bond in an action or proceeding under this chapter.
[C31, 35, §8581-c17; C39, §8581.21; C46, 50, 54, 58, 62, 66, 71, 73, 75, §502.21(1 – 4); C77, 79, 81, §502.603]
83 Acts, ch 169, §16; 91 Acts, ch 40, §31; 94 Acts, ch 1031, §16; 2001 Acts, ch 118, §9; 2004 Acts, ch 1161, §52, 68; 2007 Acts, ch 137, §4; 2017 Acts, ch 54, §76
Referred to in §502.604A
Structure Iowa Code
Chapter 502 - UNIFORM SECURITIES ACT (BLUE SKY LAW)
Section 502.101 - Short title.
Section 502.102 - Definitions.
Section 502.103 - References to federal statutes.
Section 502.104 - References to federal agencies.
Section 502.105 - Electronic records and signatures.
Section 502.201 - Exempt securities.
Section 502.202 - Exempt transactions.
Section 502.203 - Additional exemptions and waivers.
Section 502.204 - Denial, suspension, revocation, condition, or limitation of exemptions.
Section 502.207B - Legislative review and oversight.
Section 502.301 - Securities registration requirement.
Section 502.302 - Notice filing.
Section 502.303 - Securities registration by coordination.
Section 502.304 - Securities registration by qualification.
Section 502.304A - Expedited registration by filing for small issuers.
Section 502.305 - Securities registration filings.
Section 502.306 - Denial, suspension, and revocation of securities registration.
Section 502.307 - Waiver and modification.
Section 502.321A - Special definitions.
Section 502.321B - Registration requirements — hearing.
Section 502.321C - Filing of solicitation materials.
Section 502.321D - Fraudulent, deceptive, or manipulative acts and practices prohibited.
Section 502.321E - Limitations on offers and offerors.
Section 502.321F - Administration — rules and orders.
Section 502.321H - Nonapplication of corporate takeover law.
Section 502.321I - Application of securities law.
Section 502.401 - Broker-dealer registration requirement and exemptions.
Section 502.402 - Agent registration requirement and exemptions.
Section 502.403 - Investment adviser registration requirement and exemptions.
Section 502.404 - Investment adviser representative registration requirement and exemptions.
Section 502.405 - Federal covered investment adviser notice filing requirement.
Section 502.407 - Succession and change in registration of broker-dealer or investment adviser.
Section 502.410 - Filing fees.
Section 502.411 - Postregistration requirements.
Section 502.501 - General fraud.
Section 502.501A - Prohibited transactions of broker-dealers and agents.
Section 502.502 - Prohibited conduct in providing investment advice.
Section 502.502A - Advisory misconduct.
Section 502.503 - Evidentiary burden.
Section 502.504 - Filing of sales and advertising literature.
Section 502.505 - Misleading filings.
Section 502.506A - Misstatements in publicity prohibited.
Section 502.507 - Qualified immunity.
Section 502.508 - Criminal penalties.
Section 502.509 - Civil liability.
Section 502.510 - Rescission offers.
Section 502.601 - Administration.
Section 502.602 - Investigations and subpoenas.
Section 502.603 - Civil enforcement.
Section 502.603A - Cooperation with other agencies.
Section 502.604 - Administrative enforcement.
Section 502.604A - Law enforcement authority.
Section 502.604B - Limited law enforcement authority.
Section 502.605 - Rules, forms, orders, interpretative opinions, and hearings.
Section 502.606 - Administrative files and opinions.
Section 502.607 - Public records — confidentiality.
Section 502.608 - Uniformity and cooperation with other agencies.
Section 502.609 - Judicial review of orders.
Section 502.610 - Jurisdiction.
Section 502.611 - Service of process.
Section 502.612 - Severability clause.
Section 502.701 - Public joint investment trusts.
Section 502.801 - Definitions.
Section 502.802 - Notification to administrator.
Section 502.803 - Notification to administrator — immunity.
Section 502.804 - Notification to permissible third party.
Section 502.805 - Notification to permissible third party — immunity.
Section 502.806 - Disbursements or transactions — delay.
Section 502.807 - Disbursements or transactions — delay — immunity.