§485-19  Injunctions.  Whenever it shall appear to the commissioner of securities either upon complaint or otherwise, that in the issuance, sale, promotion, negotiation, advertising, or distribution of any securities within the State, including any security exempted under section 485-4, and including any transaction exempted under section 485-6, any person, as defined in this chapter:

     (1)  Has employed or employs, or is about to employ any device, scheme, or artifice to defraud or for obtaining money or property by means of any false pretense, representation, or promise;

     (2)  Or that any such person has made, makes, or attempts to make in the State fictitious or pretended purchases or sales of securities;

     (3)  Or has engaged in or engages in or is about to engage in any practice or transaction or course of business relating to the purchase or sale of securities (A) which is in violation of law, (B) or which is fraudulent, (C) or which has operated or which would operate as a fraud upon the purchaser; any one or all of which devices, schemes, artifices, fictitious or pretended purchases or sales of securities, practices, transactions, and courses of business are declared to be and are hereinafter referred to as fraudulent practices;

     (4)  Or that any person is acting as dealer, investment adviser, salesperson, or investment adviser representative within the State without being duly registered as such dealer, investment adviser, salesperson, or investment adviser representative as provided in this chapter;

the commissioner may investigate and whenever the commissioner believes from evidence satisfactory to the commissioner:  that any such person has engaged in, is engaged, or is about to engage in any of the practices or transactions hereinbefore referred to as and declared to be fraudulent practices; or is selling or offering for sale any securities in violation of this chapter or is acting as a dealer, investment adviser, salesperson, or investment adviser representative without being duly registered as provided in this chapter, the commissioner may, in addition to any other remedies, bring suit in the name and on behalf of the State against such person and any other person or persons concerned in or in any way participating in or about to participate in such fraudulent practices or acting in violation of this chapter, to enjoin such person and such other person or persons from continuing such fraudulent practices or engaging therein or doing any act or acts in furtherance thereof or in violation of this chapter.

     In any such court proceedings the commissioner may apply for and on due showing be entitled to have issued the court's subpoena requiring forthwith the appearance of any defendant and the defendant's employees, salespersons, or agents and the production of documents, books, and records as may appear necessary for the hearing of such petition to testify and give evidence concerning the acts or conduct or things complained of in the application for injunction.  In the suit the circuit courts sitting without a jury have jurisdiction of the subject matter and a judgment may be entered awarding such injunction as may be proper. [L 1957, c 314, pt of §1; Supp, §199-15; HRS §485-19; am L 1973, c 31, pt of §21; am L 1984, c 281, §5; am L 1985, c 286, §4; gen ch 1985; am L 1992, c 14, §1]

 

Rules of Court

 

  Injunctions, see HRCP rule 65.