Indiana Code

Ind. Code § 23-19-6-3 (2026)

Violations; injunctions; other remedies

✓ current as of May 2026
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     Sec. 3. (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 article or a rule adopted or order issued under this article 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 article or a rule adopted or order issued under this article, the commissioner may maintain an action in the circuit or superior court in the county where the investigation or inquiry in question is being conducted to enjoin the act, practice, or course of business and to enforce compliance with this article or a rule adopted or order issued under this article.

     (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;

(B) ordering a receiver or conservator appointed under clause (A) to take charge and control of a respondent'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 ten thousand dollars ($10,000) per violation and 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 article or the predecessor act or a rule adopted or order issued under this article or the predecessor act; 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 article.

     (d) Penalties collected under this section shall be deposited in the securities division enforcement account established under section 1 of this chapter.

As added by P.L.27-2007, SEC.23.

 

Notes of Decisions
Cited in 2 cases, 2010–2013 · leading case: Schrenker v. State, 919 N.E.2d 1188 (Ind. Ct. App. 2010).
Schrenker v. State, 919 N.E.2d 1188 (Ind. Ct. App. 2010). · cites it 4× “Ind.Code § 23-19-6-3. Our seope of review of an interlocutory order appointing a receiver is limited.”
Indiana ex rel. Naylor v. Indiana State Teachers Ass'n, 950 F. Supp. 2d 993 (S.D. Ind. 2013). · cites it 2× “wrongdoing in mismanagement of the Trust: (1) Count One, alleging that the ISTA Entities sold a security without first registering it with the Indiana Securities Division, in violation of Indiana Code § 23-19-3-1(3); (2) Count Two, alleging that the ISTA Entities transacted…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.