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HomeCorporations CodeCh. 4§ 25254 Commissioner Ancillary Relief Authority

§ 25254 Commissioner Ancillary Relief Authority

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

§ 25254 Commissioner Ancillary Relief Authority

Key Takeaways

  • •If someone breaks financial rules, the boss (commissioner) can ask for money back for people who got hurt by the bad actions.
  • •The boss can also ask to get paid back for the time and work spent fixing the problem, like lawyer fees.
  • •If the bad guy doesn’t follow the rules after the boss’s decision, the boss can go to a real court to make them pay or follow the rules.

Example

A company tricks people into paying for fake investments and takes their money.

The boss can make the company give the money back to the people they tricked. The boss can also ask the company to pay for the time spent fixing the problem. If the company refuses, the boss can take them to court to make them pay.

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

Official Source
View on CA.gov

§ 25254 Commissioner Ancillary Relief Authority

(a) If the commissioner determines it is in the public interest, the commissioner may include in any administrative action brought under this part a claim for ancillary relief, including, but not limited to, a claim for restitution or disgorgement or damages on behalf of the persons injured by the act or practice constituting the subject matter of the action, and the administrative law judge shall have jurisdiction to award additional relief. (b) In an administrative action brought under this part, the commissioner is entitled to recover costs, which in the discretion of the administrative law judge may include an amount representing reasonable attorney’s fees and investigative expenses for the services rendered, for deposit into the State Corporations Fund for the use of the Department of Financial Protection and Innovation. (c) After the exhaustion of the review procedures provided in accordance with the provisions of the Administrative Procedure Act, Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, the commissioner may apply to the appropriate superior court for a judgment in the amount of the ancillary relief and costs awarded in a final decision and order compelling the respondent, or the named or cited person, to comply with the final decision of the commissioner brought under this division. The application shall include a certified copy of the final decision of the commission and shall constitute a sufficient showing to warrant the issuance of the judgment and order from superior court. (Amended by Stats. 2022, Ch. 452, Sec. 77. (SB 1498) Effective January 1, 2023.)

Last verified: January 23, 2026

Key Terms

ancillary reliefrestitutiondisgorgementState Corporations FundAdministrative Procedure Act

Related Statutes

  • § 31408 Administrative Relief And Costs
  • § 29540 Commissioner Enforcement Injunctions
  • § 25530 Commissioner Enforcement Actions
  • § 12450 Corporate Dissolution Exemption
  • § 12451 Annual Distribution Limit

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Corporations Code. Section 25254.
View Official Source