8-1116 Violations; injunction; receiver; appointment; additional court orders authorized. - Nebraska Statutes

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Statutes > Nebraska > Chapter8 > 8-1116

8-1116. Violations; injunction; receiver;appointment; additional courtorders authorized.Whenever it appears to thedirector that any person has engaged or is about to engage in any act or practiceconstituting a violation of any provision of the Securities Act of Nebraskaor any rule or order under the act, the director may in his or her discretionbring an action in any court of competent jurisdiction to enjoin any suchacts or practices and to enforce compliance with the Securities Act of Nebraskaor any rule or order under the act. Upon a proper showing, a permanent ortemporary injunction, restraining order, or writ of mandamus shall be grantedand a receiver or conservator may be appointed for the defendant's assets. Upon a proper showing by the director,the court may invoke its equitable powers under the law and issue an orderof rescission, restitution, or disgorgement, an order freezing assets, anorder requiring an accounting, or a writ of attachment or writ of generalor specific execution, directed to any person who has engaged in or is engagingin any act constituting a violation of any provision of the Securities Actof Nebraska, any rule and regulation adopted and promulgated under the act,or any order of the director issued thereunder. The director maynot be required to post a bond. SourceLaws 1965, c. 549, § 16, p. 1792; Laws 1998, LB 894, § 3; Laws 2009, LB113, § 3.

State Codes and Statutes

Statutes > Nebraska > Chapter8 > 8-1116

8-1116. Violations; injunction; receiver;appointment; additional courtorders authorized.Whenever it appears to thedirector that any person has engaged or is about to engage in any act or practiceconstituting a violation of any provision of the Securities Act of Nebraskaor any rule or order under the act, the director may in his or her discretionbring an action in any court of competent jurisdiction to enjoin any suchacts or practices and to enforce compliance with the Securities Act of Nebraskaor any rule or order under the act. Upon a proper showing, a permanent ortemporary injunction, restraining order, or writ of mandamus shall be grantedand a receiver or conservator may be appointed for the defendant's assets. Upon a proper showing by the director,the court may invoke its equitable powers under the law and issue an orderof rescission, restitution, or disgorgement, an order freezing assets, anorder requiring an accounting, or a writ of attachment or writ of generalor specific execution, directed to any person who has engaged in or is engagingin any act constituting a violation of any provision of the Securities Actof Nebraska, any rule and regulation adopted and promulgated under the act,or any order of the director issued thereunder. The director maynot be required to post a bond. SourceLaws 1965, c. 549, § 16, p. 1792; Laws 1998, LB 894, § 3; Laws 2009, LB113, § 3.

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State Codes and Statutes

Statutes > Nebraska > Chapter8 > 8-1116

8-1116. Violations; injunction; receiver;appointment; additional courtorders authorized.Whenever it appears to thedirector that any person has engaged or is about to engage in any act or practiceconstituting a violation of any provision of the Securities Act of Nebraskaor any rule or order under the act, the director may in his or her discretionbring an action in any court of competent jurisdiction to enjoin any suchacts or practices and to enforce compliance with the Securities Act of Nebraskaor any rule or order under the act. Upon a proper showing, a permanent ortemporary injunction, restraining order, or writ of mandamus shall be grantedand a receiver or conservator may be appointed for the defendant's assets. Upon a proper showing by the director,the court may invoke its equitable powers under the law and issue an orderof rescission, restitution, or disgorgement, an order freezing assets, anorder requiring an accounting, or a writ of attachment or writ of generalor specific execution, directed to any person who has engaged in or is engagingin any act constituting a violation of any provision of the Securities Actof Nebraska, any rule and regulation adopted and promulgated under the act,or any order of the director issued thereunder. The director maynot be required to post a bond. SourceLaws 1965, c. 549, § 16, p. 1792; Laws 1998, LB 894, § 3; Laws 2009, LB113, § 3.