PART 6. ENFORCEMENT [25500. - 25550.]
Part 6 added by Stats. 1968, Ch. 88.
§§ 25500–25550 · 30 sections
CHAPTER 1. Civil Liability §§ 25500–25510 · 17 sections
- § 25500 Any person who willfully participates in any act or transaction in violation of Section 25400 shall be liable to any other person who purchases or sells any…
- § 25501 Any person who violates Section 25401 shall be liable to the person who purchases a security from, or sells a security to, that person, who may sue either for…
- § 25501.5 (a) (1) A person who purchases a security from or sells a security to a broker-dealer that is required to be licensed and has not, at the time of the sale or…
- § 25502 Any person who violates Section 25402 shall be liable to the person who purchases a security from him or sells a security to him, for damages equal to the…
- § 25502.5 (a) Any person other than the issuer who violates Section 25402 shall be liable to the issuer of the security purchased or sold in violation of Section 25402…
- § 25503 Any person who violates Section 25110, 25130, or 25133, or a condition of qualification under Chapter 2 (commencing with Section 25110) of this part, imposed…
- § 25504 Every person who directly or indirectly controls a person liable under Section 25501 or 25503, every partner in a firm so liable, every principal executive…
- § 25504.1 Any person who materially assists in any violation of Section 25110, 25120, 25130, 25133, or 25401, or a condition of qualification under Chapter 2 (commencing…
- § 25504.2 (a) Any accountant, engineer, appraiser, or other person whose profession gives authority to a statement made by such person, who pursuant to rule of the…
- § 25505 A corporation which is liable under this chapter shall have a right of indemnification against any of its principal executive officers, directors, and…
- § 25506 (a) For proceedings commencing before January 1, 2005, no action shall be maintained to enforce any liability created under Section 25500, 25501, or 25502 (or…
- § 25506.1 No action shall be maintained to enforce any liability created under Section 25504.2 unless brought within one year after the discovery of the facts…
- § 25507 (a) No action shall be maintained to enforce any liability created under Section 25503 (or Section 25504 or Section 25504.1 insofar as they relate to that…
- § 25508 No action shall be maintained to enforce any right of indemnification or contribution created by Section 25505 unless brought before the expiration of one year…
- § 25508.5 In addition to any other rights provided for under this division, including, but not limited to, Sections 25501 and 25506, or otherwise, a person who purchases…
- § 25509 Every cause of action under this chapter survives the death of any person who might have been a plaintiff or defendant.
- § 25510 Except as explicitly provided in this chapter, no civil liability in favor of any private party shall arise against any person by implication from or as a…
CHAPTER 2. Powers of the Commissioner §§ 25530–25536 · 9 sections
- § 25530 (a) Whenever it appears to the commissioner that any person has engaged, is engaging, or is about to engage in any act or practice constituting a violation of…
- § 25530.1 In any proceeding under Section 25530, the court may prohibit, conditionally or unconditionally, and permanently or for such period of time as it shall…
- § 25531 (a) The commissioner in his discretion (1) may make such public or private investigations within or outside of this state as he deems necessary to determine…
- § 25532 (a) If, in the opinion of the commissioner, (1) the sale of a security is subject to qualification under this law and it is being or has been offered or sold…
- § 25533 The commissioner may refer any evidence available concerning any violation of this law or of any rule or order hereunder to the Attorney General or the…
- § 25533.5 The commissioner shall send a copy of a desist and refrain order issued under this law to the Attorney General and the district attorney of the county in which…
- § 25534 Whenever any securities are issued which the commissioner determines were offered or sold in violation of Section 25110, 25120, or 25130, the commissioner may,…
- § 25535 (a) Any person who violates any provision of this law, or who violates any rule or order under this law, shall be liable for a civil penalty not to exceed…
- § 25536 (a) The commissioner may take such actions as are authorized by Section 6d of the federal Commodity Exchange Act (7 U.S.C. Sec. 1 et seq.) as amended before or…
CHAPTER 3. Crimes §§ 25540–25542 · 3 sections
- § 25540 (a) Except as provided for in subdivision (b), any person who willfully violates any provision of this division, or who willfully violates any rule or order…
- § 25541 (a) Any person who willfully employs, directly or indirectly, any device, scheme, or artifice to defraud in connection with the offer, purchase, or sale of any…
- § 25542 Nothing in this law limits the power of the state to punish any person for any conduct which constitutes a crime under any other statute.
CHAPTER 4. Service of Process § 25550 · 1 section
- § 25550 When any person, including any nonresident of this state, engages in conduct prohibited or made actionable by this law or any rule or order hereunder, whether…