New Jersey § 17:12b-297

§ 17:12b-297.

a. Whenever it appears to the commissioner that any person has engaged in or is about

to engage in any act or practice which constitutes a violation of sections 2 through

5 of this act 1 or any regulations promulgated pursuant thereto, the commissioner may conduct an

investigation and issue cease and desist orders if he deems it necessary. In addition to all other remedies, the commissioner may bring an action in the Superior

Court, Law Division, on behalf of the State against any person or persons participating

in or about to participate in a violation. In any court proceeding, the commissioner may apply for and shall be entitled to

have issued the court's subpoena requiring the appearance of any defendant and defendant's

employees or agents, and the production of documents, books and records as may be

necessary for the hearing of the action. Upon a proper showing, the court may grant a permanent or preliminary injunction

or temporary restraining order or may order the rescission of any sale, tender for

sale, purchase or tender for purchase of equity securities determined to be unlawful

under sections 2 through 5 of this act. b. Whenever any person has engaged in or is about to engage in any act or practice

which constitutes a violation of sections 2 through 5 of this act or any regulation

or order issued thereunder, the capital stock state association or any record or beneficial

owner of an equity security of the capital stock state association may bring an action

to enjoin the person from continuing or doing any act in violation of this act. Upon a proper showing, the court may grant a permanent or preliminary injunction

or temporary restraining order or may order the rescission of any sale, tender for

sale, purchase or tender for purchase of equity securities determined to be unlawful

under this act or under any regulation or order of the commissioner. c. (1) In addition to any other penalties herein or otherwise provided by law, the

commissioner may, upon notice and hearing, impose a penalty not exceeding $10,000

for any violation of sections 2 through 5 of this act or of any rule or regulation

promulgated thereto. The penalty shall be recovered by and in the name of the commissioner in a civil

action by a summary proceeding under “the penalty enforcement law,” N.J.S. 2A:58-1 et seq. , in the Superior Court, Law Division. Where any violation of sections 2 through 5 of this act or of any regulation hereunder

is of a continuing nature, each day during which the violation continues shall constitute

an additional, separate and distinct offense, except during the time an appeal from

the order or notice may be taken or is pending. (2) Sections 2 through 6 of this act 2 shall apply to all capital stock state associations organized pursuant to P.L.1974,

c. 137 ( C.17:12B-244 et seq. ) whether chartered prior to or after the enactment of this act. Any person who prior to the effective date of this act directly or indirectly, beneficially

owned or controlled more than 25% of the outstanding voting shares of a capital stock

state association may continue such ownership after the effective date of this act

without approval of the commissioner. This act shall not be construed to limit the applicability of any law governing

the acquisition of securities. (3) Sections 2 through 6 of this act shall not apply to any merger of a capital stock

state association with another capital stock state association or mutual state association. The provisions of P.L.1974, c. 137 ( C.17:12B-244 et seq. ) and Article XIII of P.L.1963, c. 144 ( C.17:12B-198 et seq. ) shall be the exclusive governing provisions. (4) Notwithstanding any other law of this State, the provisions contained in sections

2 through 6 of this act shall also apply to any acquisition of voting shares of a

state association or company which controls a state association by a state association

or a state association holding company if, after the acquisition, the state association

or state association holding company would beneficially own or control more than 25%

of the outstanding voting shares of the state association or company which controls

a state association. For the purpose of this paragraph (4), “ state association ” means any federally or State chartered capital stock association or mutual association

having its principal office in this State; “ State association holding company ” means any company located in this State which controls a state association. 1

N.J.S.A. §§ 17:12B-293 to 17:12B-296. 2

N.J.S.A. §§ 17:12B-293 to 17:12B-297.