The Vermont Statutes Online

Title 9 : Commerce and Trade

Chapter 150 : Securities Act

Subchapter 006 : ADMINISTRATION AND JUDICIAL REVIEW

• § 5603. Civil enforcement

  (a) If the Commissioner 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 Commissioner may maintain an action in the Superior Court of Washington County 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.

  (b) In an action under this section and on a proper showing, the court may:

  (1) issue a permanent or temporary injunction, restraining order, or declaratory judgment;

  (2) order other appropriate or ancillary relief, which may include:

  (A) an asset freeze, accounting, writ of attachment, writ of general or specific execution, and appointment of a receiver or conservator, that may be the Commissioner, for the defendant or the defendant’s assets;

  (B) ordering the Commissioner 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;

  (C) imposing a civil penalty up to $15,000.00 for each 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 act or a rule adopted or an order issued under this chapter or the predecessor act. The court may increase a civil penalty amount by not more than $5,000.00 per violation for violations involving a person who is a vulnerable adult as defined in 33 V.S.A. § 6902(14). The limitations on civil penalties contained in this subdivision shall not apply to settlement agreements; and

  (D) ordering the payment of prejudgment and postjudgment interest; or

  (3) order such other relief as the court considers appropriate.

  (c) The Commissioner may not be required to post a bond in an action or proceeding under this chapter. (Added 2005, No. 11, § 1, eff. July 1, 2006; amended 2017, No. 80, § 4.)