Skip to main content
Find a Lawyer

Missouri Revised Statutes Title XXVI. Trade and Commerce § 409.826. Violations of domestic or foreign laws, rules--legal and equitable remedies

Current as of January 01, 2023 | Updated by FindLaw Staff

1. (1) Upon a proper showing by the commissioner that a person has violated, or is about to violate, any provision of sections 409.800 to 409.863 or any rule or order of the commissioner, the circuit court may grant appropriate legal or equitable remedies. Upon showing of violation of sections 409.800 to 409.863 or a rule or order of the commissioner, the court, in addition to traditional legal and equitable remedies, including temporary restraining orders, permanent or temporary prohibitory or mandatory injunctions, and writs of prohibition or mandamus, may grant the following special remedies:

(a) Imposition of a civil penalty in amount which may not exceed ten thousand dollars for any single violation or one hundred thousand dollars for multiple violations in a single proceeding or a series of related proceedings;

(b) Declaratory judgment;

(c) Restitution to investors wishing restitution; and

(d) Appointment of a receiver or conservator for the defendant or the defendant's assets.

(2) Upon a proper showing that the defendant is only about to violate sections 409.800 to 409.863 or a rule or order of the commissioner, appropriate remedies shall be limited to:

(a) A temporary restraining order;

(b) A temporary or permanent injunction;

(c) A writ of prohibition or mandamus; or

(d) An order appointing a receiver or conservator for the defendant or the defendant's assets.

2. The court shall not require the commissioner to post a bond in any official action under sections 409.800 to 409.863.

3. (1) Upon a proper showing by the commissioner or securities or commodity agency of another state that a person other than a government or governmental agency or instrumentality has violated, or is about to violate, any provision of the commodity code of that state or any rule or order of the administrator or securities or commodity agency of that state, the circuit court may grant appropriate legal and equitable remedies. Upon a showing of a violation of the securities or commodity act of the foreign state or a rule or order of the administrator or securities or commodity agency of the foreign state, the court, in addition to traditional legal or equitable remedies including temporary restraining orders, permanent or temporary prohibitory or mandatory injunctions and writs of prohibition or mandamus, may grant the following special remedies:

(a) Appointment of a receiver, conservator, or ancillary receiver or conservator for the defendant or the defendant's assets located in this state.

(2) Upon a proper showing that the defendant is only about to violate the securities or commodity act of the foreign state or a rule or order of the administrator or securities or commodity agency of the foreign state, appropriate remedies shall be limited to:

(a) A temporary restraining order;

(b) A temporary or permanent injunction;

(c) A writ of prohibition or mandamus; or

(d) An order appointing a receiver, conservator, or ancillary receiver or conservator for the defendant or the defendant's assets located in this state.

Back to chapter list
Previous part of code Next part of code
Back to chapter list

Cite this article: FindLaw.com - Missouri Revised Statutes Title XXVI. Trade and Commerce § 409.826. Violations of domestic or foreign laws, rules--legal and equitable remedies - last updated January 01, 2023 | https://codes.findlaw.com/mo/title-xxvi-trade-and-commerce/mo-rev-st-409-826/

Read this complete Missouri Revised Statutes Title XXVI. Trade and Commerce § 409.826. Violations of domestic or foreign laws, rules--legal and equitable remedies on Westlaw

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.

Was this helpful?

Search all Missouri Codes

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.

Go to Learn About the Law

Latest Blog Posts

For Legal Professionals

Learn About the Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to find an attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

    More Options
    Copied to clipboard