(a) The Securities Commission, or any person designated by the Securities Commission, may do any of the following:

Attorney's Note

Under the Alabama Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Violationup to 30 daysup to $200
For details, see Ala. Code § 13A-5-7
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Terms Used In Alabama Code 41-9-85.7

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • following: means next after. See Alabama Code 1-1-1
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • person: includes a corporation as well as a natural person. See Alabama Code 1-1-1
  • state: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Alabama Code 1-1-1
  • Subpoena: A command to a witness to appear and give testimony.
  • writing: includes typewriting and printing on paper. See Alabama Code 1-1-1
(1) Make public or private investigations, within or outside of the state, as deemed necessary to aid in the enforcement of this division.
(2) Require or permit any person to file a statement in writing, under oath or otherwise, as the Security Commission may determine, as to all facts and circumstances relating to the matter being investigated.
(3) Publish information concerning a violation of this division.
(4) Administer oaths and affirmations, subpoena witnesses, compel attendance, take evidence, and require the production of any books, papers, correspondence, memoranda, agreements, or other documents or records, in whatever form they may exist, that the Securities Commission deems relevant or material to an investigation.
(b) If a person fails to comply with a subpoena issued or refuses to appear, the Securities Commission may seek enforcement of the subpoena or order to appear in a court of competent jurisdiction.
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