Code of Alabama - Title 41: State Government - Section 41-9-85.5 - Provisional remedies

Section 41-9-85.5 - Provisional remedies.

(a) The Securities Commission, acting on behalf of a victim of a crime, may apply for any and all provisional remedies that are also otherwise available to the victim.

(b) The provisional remedies of attachment, injunction, receivership, and notice of pendency available to the victim of the crime under existing law and the Alabama Rules of Civil Procedure shall also be available to the Securities Commission in all actions under this division.

(c) Upon the filing of a motion for a provisional remedy, the moving party shall state whether any other provisional remedy has previously been sought in the same action against the same defendant. The court may require the moving party to elect between those remedies to which it would otherwise be entitled.

(Act 2019-538, §2.)

Last modified: May 3, 2021