Current as of April 21, 2021 | Updated by FindLaw Staff
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(a) In addition to other disciplinary action allowed under this chapter or under AS 06.01, the department may deny, suspend, revoke, condition, or decline to renew a license or take other disciplinary action against a person subject to this chapter, including action under a regulation adopted under this chapter, if the department finds that the person
(1) fails to comply with an applicable provision of this title, an applicable regulation adopted under this title, a lawful demand, ruling, order, or requirement of the department, or other state or federal statute or regulation applicable to the conduct of the licensee's business;
(2) fails to meet the minimum standards for issuance or renewal of a license; or
(3) knowingly withholds material information or negligently makes a material misstatement in an application for or renewal of a license.
(b) The department may
(1) order a person subject to this chapter to cease and desist from conducting business, including an immediate temporary order to cease and desist;
(2) order a person subject to this chapter to cease and desist from violating this chapter, including an immediate temporary order to cease and desist;
(3) impose a fine on a person subject to this chapter under AS 06.60.420;
(4) issue an order of rescission, restitution, or disgorgement directed to a person subject to this chapter for a violation of this chapter;
(5) order other affirmative action that the department considers necessary, including an accounting, an asset freeze, or the appointment of a receiver.
(c) A disciplinary action under this section may be taken by itself or in conjunction with one or more other disciplinary actions under this chapter or under AS 06.01.
(a) Except as otherwise provided in this chapter, every transfer of personal property made by a person having at the time the possession of the property, and not accompanied by an immediate delivery followed by an actual and continued change of possession of the property, is void as against the transferor's creditors (secured or unsecured) at the time of the transfer and those who become creditors while the transferor remains in possession and the successors in interest of those creditors, and as against buyers from the transferor for value in good faith subsequent to the transfer.
(b) As used in this chapter, “creditor” means a person who has a claim, as defined in Section 3439.01, and includes an assignee of a general assignment for the benefit of creditors, as defined in Section 493.010 of the Code of Civil Procedure, of a debtor. “Creditor” also includes any person to whom the transferor's estate devolves in trust for the benefit of persons other than the transferor. Any such assignee or trustee may exercise any and all the rights and remedies specified in this chapter, if they are available to any one or more creditors of the assignor or transferor who are beneficiaries of the assignment or trust, and, in that event (1) only to the extent the rights or remedies are so available and (2) only for the benefit of those creditors whose rights are asserted by the assignee or trustee.
Cite this article: FindLaw.com - Alaska Statutes Title 6. Banks and Financial Institutions § 06.60.200. Disciplinary action - last updated April 21, 2021 | https://codes.findlaw.com/ak/title-6-banks-and-financial-institutions/ak-st-sect-06-60-200.html
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