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HomeCorporations CodeCh. 11§ 28701 Commissioner Enforcement Authority

§ 28701 Commissioner Enforcement Authority

Corporations Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 28701 Commissioner Enforcement Authority

Key Takeaways

  • •If someone breaks the rules in this law, the boss (commissioner) can take them to court to stop them.
  • •The court can order the person to stop breaking the rules right away, even before a full trial.
  • •The court can also put someone in charge of the rule-breaker’s money or stuff to fix the problem.
  • •The boss doesn’t have to pay money (a bond) to the court to do this.

Example

A company keeps dumping dirty water into a river, even though the law says not to.

The boss (commissioner) can go to court to make the company stop dumping right away. The court can also put someone else in charge of the company’s money to clean up the river.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 28701 Commissioner Enforcement Authority

Whenever it appears to the commissioner that any person has violated, or that there is reasonable cause to believe that any person may violate, any provision of this division or of any regulation or order issued under this division, the commissioner may bring an action in the name of the people of this state in the superior court to enjoin the violation or to enforce compliance with this division or with any regulation or order issued under this division. Upon a proper showing, a restraining order, preliminary or permanent injunction, or writ of mandate shall be granted, and a receiver or a conservator may be appointed for the defendant or the defendant’s assets. The court may not require the commissioner to post a bond. (Added by Stats. 1998, Ch. 668, Sec. 3. Effective January 1, 1999. Operative July 1, 1999, by Sec. 4 of Ch. 668.)

Last verified: January 23, 2026

Key Terms

commissionerviolationsuperior courtrestraining orderinjunctionreceiverconservator

Related Statutes

  • § 29540 Commissioner Enforcement Injunctions
  • § 28714 Commissioner Emergency Licensee Takeover
  • § 25530 Commissioner Enforcement Actions
  • § 28705 Removal Of Unfit Personnel
  • § 28707 Suspension Of Licensee Personnel

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Corporations Code. Section 28701.
View Official Source