Colorado § 11-51-602 - Enforcement by injunction.

§ 11-51-602. Enforcement by injunction.

(1) Whenever it appears to the securities commissioner upon sufficient evidence satisfactory to the securities commissioner that any person has engaged in or is about to engage in any act or practice constituting a violation of any provision of this article or of any rule or order under this article, the securities commissioner may apply to the district court of the city and county of Denver to temporarily restrain or preliminarily or permanently enjoin the act or practice in question and to enforce compliance with this article or any rule or order under this article. If the action is against a broker-dealer, investment adviser, federal covered adviser, sales representative, or investment adviser representative and the court finds that such person has committed a violation of section 11-51-501, in addition to any other relief, the court may enter an order imposing such conditions on such person as the court deems appropriate. In any such action, the securities commissioner shall not be required to plead or prove irreparable injury or the inadequacy of the remedy at law. Under no circumstances shall the court require the securities commissioner to post a bond.

(2) The securities commissioner may include in any action authorized by subsection (1) of this section, relating to any violation of section 11-51-301, 11-51-401, or 11-51-501, a claim for damages under section 11-51-604 or restitution, disgorgement, or other equitable relief on behalf of some or all of the persons injured by the act or practice constituting the subject matter of the action, if the applicable scienter standard of section 11-51-604 is met. No person shall be liable for damages or for restitution, disgorgement, or other equitable relief in any action authorized by subsection (1) of this section for a violation of section 11-51-301 due solely to a failure to file the prescribed notification of exemption or to pay the required exemption fee for an exemption under section 11-51-308 (1)(p).

Source: L. 90: Entire article R&RE, p. 730, § 1, effective July 1. L. 98: (1) amended, p. 563, § 17, effective January 1, 1999.

Editor's note: This section is similar to former § 11-51-122 as it existed prior to 1990.

ANNOTATION

Law reviews. For article, "The Distinction Between a Financial Planner, Investment Advisor and Broker/Dealer", see 15 Colo. Law. 211 (1986).

This section does not create a fiduciary relationship between the commissioner and defrauded investors. Feigin v. Alexa Group, Ltd., 19 P.3d 23 (Colo. 2001).

Defrauded investors are not entitled to intervention as a matter of right in an action under this section. Where investors possessed a private right of action under § 11-51-604 that was not affected by res judicata, collateral estoppel, or stare decisis, their interests would be neither impaired nor impeded for purposes of C.R.C.P. 24(a)(2). Feigin v. Alexa Group, Ltd., 19 P.3d 23 (Colo. 2001).