Injunctions

Read the Free Lesson โ†’ free ยท no signup wall

What this video covers

  • Why the state administrator (Administrator) cannot unilaterally order restitution, rescission, or disgorgement, and why a court order is always required for financial remedies
  • The precise meaning of enjoin: the Administrator petitioning a court to prohibit acts that violate the Uniform Securities Act
  • The three forms of injunctive relief a court may grant: permanent or temporary injunctions, restraining orders, and writs of mandamus (orders compelling a government official to perform a duty)
  • The four additional court-ordered remedies: rescission, restitution, disgorgement, and appointment of a receiver or conservator
  • Why disgorgement strips ill-gotten profits from the violator while restitution returns money to victims, and which remedy serves which party
  • The no bond requirement: the court may not require the Administrator to post a bond when seeking injunctive relief, and why this benefits only the Administrator, never the defendant

Read the full lesson, free

This video's complete written lesson is free to read in the CertFuel app, no signup wall. When you're ready to drill the topic, the full Series 63 course adds adaptive practice questions and spaced-repetition flashcards.

Read the Free Lesson โ†’ free ยท no signup wall