409.826. Violations of domestic or foreign laws, rules--legal and equitable remedies.

MISSOURI STATUTES AND CODES

409.826. Violations of domestic or foreign laws, rules--legal and equitable remedies.

Violations of domestic or foreign laws, rules--legal and equitableremedies.

409.826. 1. (1) Upon a proper showing by the commissionerthat a person has violated, or is about to violate, any provisionof sections 409.800 to 409.863 or any rule or order of thecommissioner, the circuit court may grant appropriate legal orequitable remedies. Upon showing of violation of sections409.800 to 409.863 or a rule or order of the commissioner, thecourt, in addition to traditional legal and equitable remedies,including temporary restraining orders, permanent or temporaryprohibitory or mandatory injunctions, and writs of prohibition ormandamus, may grant the following special remedies:

(a) Imposition of a civil penalty in amount which may notexceed ten thousand dollars for any single violation or onehundred thousand dollars for multiple violations in a singleproceeding or a series of related proceedings;

(b) Declaratory judgment;

(d) Appointment of a receiver or conservator for thedefendant or the defendant's assets.

(2) Upon a proper showing that the defendant is only aboutto violate sections 409.800 to 409.863 or a rule or order of thecommissioner, appropriate remedies shall be limited to:

(a) A temporary restraining order;

(b) A temporary or permanent injunction;

(d) An order appointing a receiver or conservator for thedefendant or the defendant's assets.

2. The court shall not require the commissioner to post abond in any official action under sections 409.800 to 409.863.

3. (1) Upon a proper showing by the commissioner orsecurities or commodity agency of another state that a personother than a government or governmental agency or instrumentalityhas violated, or is about to violate, any provision of thecommodity code of that state or any rule or order of theadministrator or securities or commodity agency of that state,the circuit court may grant appropriate legal and equitableremedies. Upon a showing of a violation of the securities orcommodity act of the foreign state or a rule or order of theadministrator or securities or commodity agency of the foreignstate, the court, in addition to traditional legal or equitableremedies including temporary restraining orders, permanent ortemporary prohibitory or mandatory injunctions and writs ofprohibition or mandamus, may grant the following specialremedies:

(a) Appointment of a receiver, conservator, or ancillaryreceiver or conservator for the defendant or the defendant'sassets located in this state.

(2) Upon a proper showing that the defendant is only aboutto violate the securities or commodity act of the foreign stateor a rule or order of the administrator or securities orcommodity agency of the foreign state, appropriate remedies shallbe limited to:

(a) A temporary restraining order;

(b) A temporary or permanent injunction;

(d) An order appointing a receiver, conservator, orancillary receiver or conservator for the defendant or thedefendant's assets located in this state.