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Section: 409.0823 Violations--powers of commissioner. RSMO 409.823


Published: 2015

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Missouri Revised Statutes













Chapter 409

Regulation of Securities

←409.820

Section 409.823.1

409.826→

August 28, 2015

Violations--powers of commissioner.

409.823. 1. If the commissioner believes, whether or not based upon an

investigation conducted under section 409.820, that any person has engaged or

is about to engage in any act or practice constituting a violation of any

provision of sections 409.800 to 409.863 or any rule or order promulgated or

issued under sections 409.800 to 409.863, the commissioner may:



(1) Issue a cease and desist order;



(2) Take disciplinary action against a licensed person as specified in

section 409.863;



(3) Issue an order imposing a civil penalty in amount which may not

exceed ten thousand dollars for any single violation or one hundred thousand

dollars for multiple violations in a single proceeding or a series of related

proceedings; or



(4) Initiate any of the actions specified in subsection 2 of this section.



2. The commissioner may institute any of the following actions in the

appropriate courts of this state, or in the appropriate courts of another

state, in addition to any legal or equitable remedies otherwise available:



(1) An action for declaratory judgment;



(2) An action for a prohibitory or mandatory injunction to enjoin the

violation and to insure compliance with sections 409.800 to 409.863 or any

rule or order of the commissioner;



(3) An action for appointment of a receiver or conservator for the

defendant or the defendant's assets.



(L. 1985 H.B. 409 & 532 § 10)







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