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§ 11-702. Remedies available

West's Annotated Code of MarylandCorporations and AssociationsEffective: October 1, 2017

West's Annotated Code of Maryland
Corporations and Associations
Title 11. Maryland Securities Act (Refs & Annos)
Subtitle 7. Enforcement and Penalties (Refs & Annos)
Effective: October 1, 2017
MD Code, Corporations and Associations, § 11-702
§ 11-702. Remedies available
Currentness
Available remedies for future offenses
(a) Whenever it appears to the Commissioner that any person is about to engage in any act or practice constituting a violation of any provision of this title or any rule or order under this title or that the person is about to knowingly or recklessly provide substantial assistance to another person in connection with an act, a practice, or a course of business constituting a violation of this title or a rule adopted or an order issued under this title, he may in his discretion bring an action to obtain 1 or more of the following remedies:
(1) A temporary restraining order; or
(2) A temporary or permanent injunction.
Available remedies for existing offenses
(b) Whenever it appears to the Commissioner that any person has engaged in any act or practice constituting a violation of any provision of this title or any rule or order under this title or that a person has knowingly or recklessly provided substantial assistance, is knowingly or recklessly providing substantial assistance, or is about to knowingly or recklessly provide substantial assistance to another person in connection with an act, a practice, or a course of business constituting a violation of this title or a rule adopted or an order issued under this title, the Commissioner may in the Commissioner's discretion bring an action to obtain one or more of the following remedies:
(1) A temporary restraining order;
(2) A temporary or permanent injunction;
(3) A civil penalty up to a maximum amount of $5,000 for any single violation of this title;
(4) A declaratory judgment;
(5) The appointment of a receiver or conservator for the defendant or the defendant's assets;
(6) A freeze of the defendant's assets;
(7) Rescission;
(8) Restitution;
(9) Disgorgement;
(10) Payment of prejudgment and postjudgment interest; and
(11) Any other relief as the court deems just.
Provisions of other articles
(c) An action under this section is not subject to the provisions of § 5-107 of the Courts and Judicial Proceedings Article.
Posting bond
(d) The Commissioner may not be required to post a bond in any action under this section.

Credits

Added by Acts 1975, c. 311, § 2, eff. July 1, 1975. Amended by Acts 1984, c. 198; Acts 1989, c. 533; Acts 1992, c. 619, 620; Acts 1993, c. 4, § 1; Acts 1997, c. 613, § 2, eff. Oct. 1, 1997; Acts 2017, c. 837, § 1, eff. Oct. 1, 2017; Acts 2017, c. 838, § 1, eff. Oct. 1, 2017.
Formerly Art. 32A, § 32.
MD Code, Corporations and Associations, § 11-702, MD CORP & ASSNS § 11-702
Current through legislation effective through April 25, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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