(205 ILCS 731/20-55)
Sec. 20-55. Violations. (a) The Department may take an enforcement action against a covered person or any person otherwise subject to this Act in any of the following instances: (1) The covered person or person violates this Act, a |
| rule adopted or order issued under this Act, or a State or federal law or regulation that applies to digital asset business activity of the violator with or on behalf of a resident.
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(2) The covered person or person does not cooperate
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| with an examination or investigation by the Department, fails to pay a fee, or fails to submit a report or documentation.
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(3) The covered person or person, in the conduct of
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| its digital asset business activity with or on behalf of a resident, has engaged, is engaging, or is about to engage in any of the following:
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(A) An unsafe, unsound, or unlawful act or
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(B) An unfair, deceptive, or abusive act or
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(C) Fraud, misrepresentation, deceit, or
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(D) Misappropriation of fiat currency, a digital
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(4) An agency of the United States or another state
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| takes an action against the covered person or person that would constitute an enforcement action if the Department had taken the action.
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(5) The covered person or person is convicted of a
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| crime related to its digital asset business activity with or on behalf of a resident or involving fraud or felonious activity that, as determined by the Department, makes the covered person or person unsuitable to engage in digital asset business activity.
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(6) Any of the following occurs:
(A) The covered person or person becomes
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(B) The covered person or person makes a general
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| assignment for the benefit of its creditors.
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(C) The covered person or person becomes the
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| debtor, alleged debtor, respondent, or person in a similar capacity in a case or other proceeding under any bankruptcy, reorganization, arrangement, readjustment, insolvency, receivership, dissolution, liquidation, or similar law, and does not obtain from the court, within a reasonable time, confirmation of a plan or dismissal of the case or proceeding.
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(D) The covered person or person applies for, or
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| permits the appointment of, a receiver, trustee, or other agent of a court for itself or for a substantial part of its assets.
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(7) The covered person or person makes a
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| misrepresentation to the Department.
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(b) If the Secretary finds, as the result of examination, investigation, or review of reports submitted by a registrant, that the business and affairs of a registrant are not being conducted in accordance with this Act, the Secretary may notify the registrant of the correction necessary. If a registrant fails to correct such violations, the Secretary may issue an order requiring immediate correction and compliance with this Act and may specify a reasonable date for performance.
(Source: P.A. 104-428, eff. 8-18-25.)
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