Other transactions under which outsiders may acquire control or influence
18 Other transactions under which outsiders may acquire control or influence
This section applies to a transaction if it is a transaction (other than one for which the Commissioner's approval is required under this Division) under which a person or a group of persons who are close associates of each other attain a position of control or significant influence over the conduct of a licensee.
Within 14 days after a licensee becomes aware of a transaction to which this section applies, the licensee must—
inform the Commissioner of the transaction; and
provide any information about the transaction that is available to the licensee. Maximum penalty: Maximum penalty: $50 000.
If a licensee is a party to a transaction to which this section applies, and the transaction takes effect before the Commissioner approves it, the licensee is liable to disciplinary action.
If a transaction to which this section applies has not been approved or ratified by the Commissioner, the Commissioner may, after allowing the parties to the transaction a reasonable opportunity to be heard, make orders of one or more of the following kinds:
an order avoiding the transaction;
an order requiring a person who has acquired an interest under the transaction to dispose of that interest within a specified time;
an order terminating a contractual or other relationship under which control or influence might be exercised over the licensee;
an order preventing or regulating the exercise of power or influence acquired as a result of the transaction;
an order (which may include an order for restitution) dealing with any consequential or ancillary issues.
The Supreme Court may, if satisfied on application by the
Commissioner that there is good reason to do so, register an order of the
Commissioner in the Court and, on registration, the order may be enforced as a judgment of the Court.
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