[§343D-10] Enforcement and penalties. (a) Whenever it appears to the office that any person has engaged or is about to engage in any act or practice constituting a violation of any provision of this chapter, the office may in its discretion refer such evidence to the attorney general who may bring an action in any court of competent jurisdiction to enjoin such act or practice, to enforce compliance with this chapter, and to impose a civil penalty not to exceed $100,000. Any aggrieved person including the corporation issuing the voting securities or owning the assets in question, any owner of such voting securities, and any person who sold such voting securities in a transaction violating this chapter also shall have standing to bring an action in any court of competent jurisdiction to enjoin any person from any act or practice which constitutes a violation of this chapter, and to obtain such other relief as the court may deem appropriate.
(b) Upon a proper showing, the court may:
(1) Grant a permanent or temporary injunction or restraining order;
(2) Order recision of any sales or purchases of voting securities or assets determined to be unlawful under this chapter;
(3) Impose a civil penalty not to exceed $100,000; and
(4) Award such other relief as it may deem just and proper, including directing the subject person to refuse to transfer such securities on its books and to refuse to recognize any vote with respect to such securities.
(c) A person who successfully brings an action under this section shall be entitled to recover reasonable costs and attorney’s fees.
(d) The rights and remedies of this chapter are in addition to any other rights or remedies that may exist at law or equity. [L 1982, c 53, pt of §2]