RSA 421-B:6-603 · Civil Enforcement

421-B:6-603 Civil Enforcement. –

Copy link

(a)

Civil action instituted by attorney general or secretary of state. If it appears to the attorney general or secretary of state 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 chapter or an order issued under this chapter, 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 chapter or an order issued under this chapter, the attorney general or the secretary of state may maintain an action in the superior court to enjoin the act, practice, or course of business and to enforce compliance with this chapter or an order issued under this chapter. The action may be brought in the superior court of the county in which the defendant resides or has his or her principal place of business, or, with the consent of the parties or if the defendant is a nonresident and has no place of business within the state, in the superior court of Merrimack county.

Copy link

(b)

Relief available In an action under this section and upon a proper showing, the court may:

Copy link

(1)

grant or require a permanent or temporary injunction, restraining order, writ of mandamus, or a declaratory judgment;

Copy link

(2)

issue an order for other appropriate or ancillary relief, to include: (A)(i) an asset freeze, accounting, writ of attachment, writ of general or specific execution, and an appointment of a receiver or conservator, that may be the secretary of state, for the defendant or the defendant's assets.

Copy link

(ii)

Notwithstanding any law to the contrary, the court may grant, upon a proper showing by the secretary of state, a writ of attachment for the state of New Hampshire for the benefit of all aggrieved investors identified by the secretary of state which will have priority over any other attachment or lien granted in connection with a civil action brought by an aggrieved investor asserting a claim based on the same act or omission.

Copy link

(B)

an order to the secretary of state to take charge and control of a defendant's property, including investment accounts and accounts in a depository institution, rents, and profits; to collect debts; and to acquire and dispose of property;

Copy link

(C)

the imposition of a civil penalty up to a maximum of $5,000 for a single violation; 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 chapter or the predecessor act or an order issued under this chapter or the predecessor act; and

Copy link

(D)

an order for the payment of prejudgment and postjudgment interest; or

Copy link

(3)

granting other relief that the court considers appropriate.

Copy link

(c)

No bond requirement. The attorney general or the secretary of state may not be required to post a bond.

Copy link

(d)

In a proceeding in superior court under this section where the state prevails, the secretary of state and the attorney general shall be entitled to recover all costs and expenses of investigation, and the court shall include the costs in its final judgment. Source. 2015, 273:1, eff. Jan. 1, 2016.

Copy link