Title 6 — Commerce and Trade

89 chapters · 627 sections in this title.

627 sectionsFiltered byTitle 6

6 Del. C. § 1410. Fees.
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§ 1410. Fees. (a) No document required to be filed under this chapter shall be effective until the applicable fee required by this section is paid. The following fees shall be paid to and collected by the Secretary of State for the use of this State: (1) Upon the receipt for fili…
6 Del. C. § 1411. Use of names regulated.
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§ 1411. Use of names regulated. Without limiting the applicability of § 102(a)(1) of Title 8, the name of each workers cooperative may, but need not, contain the words “cooperative,” “workers cooperative,” “worker owned cooperative,” “employees cooperative” or “employee owned coo…
6 Del. C. § 1412. Reserved power of state to amend or repeal chapter.
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§ 1412. Reserved power of state to amend or repeal chapter. All provisions of this chapter may be altered from time to time or repealed, and all rights of workers cooperatives, members, patrons and stockholders thereof and other persons are subject to this reservation.70 Del. Law…
6 Del. C. § 1413. Construction and application of chapter.
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§ 1413. Construction and application of chapter. (a) The rule that statutes in derogation of the common law are to be strictly construed shall have no application to this chapter. (b) It is the policy of this chapter to give maximum effect to the principle of freedom of contract …
6 Del. C. § 1414. Short title.
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§ 1414. Short title. This chapter may be cited as the “Delaware Workers Cooperative Act.”70 Del. Laws, c. 395, § 1;
6 Del. C. § 1901. Definitions.
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§ 1901. Definitions. In this chapter: (1) “Member” means a person who, under the rules or practices of a nonprofit association, may participate in the selection of persons authorized to manage the affairs of the nonprofit association or in the development of policy of the nonprof…
6 Del. C. § 1902. Supplementary general principles of law and equity.
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§ 1902. Supplementary general principles of law and equity. Principles of law and equity supplement this chapter unless displaced by a particular provision of it.71 Del. Laws, c. 79, § 1;
6 Del. C. § 1903. Territorial application.
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§ 1903. Territorial application. Real and personal property in this State may be acquired, held, encumbered and transferred by a nonprofit association, whether or not the nonprofit association or a member has any other relationship to this State.71 Del. Laws, c. 79, § 1;
6 Del. C. § 1904. Real and personal property; nonprofit association as legatee, devisee or beneficiary.
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§ 1904. Real and personal property; nonprofit association as legatee, devisee or beneficiary. (a) A nonprofit association in its name may acquire, hold, encumber or transfer an estate or interest in real or personal property. (b) A nonprofit association may be a legatee, devisee …
6 Del. C. § 1905. Statement of authority as to real property.
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§ 1905. Statement of authority as to real property. (a) A nonprofit association may execute and file a statement of authority to transfer an estate or interest in real property in the name of the nonprofit association. (b) An estate or interest in real property in the name of a n…
6 Del. C. § 1906. Liability in tort and contract.
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§ 1906. Liability in tort and contract. (a) A nonprofit association is a legal entity separate from its members for the purposes of determining and enforcing rights, duties and liabilities in contract and tort. (b) A person is not liable for a breach of a nonprofit association’s …
6 Del. C. § 1907. Capacity to assert and defend; standing.
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§ 1907. Capacity to assert and defend; standing. (a) A nonprofit association, in its name, may institute, defend, intervene or participate in a judicial, administrative or other governmental proceeding or in an arbitration, mediation or any other form of alternative dispute resol…
6 Del. C. § 1908. Effect of judgment or order.
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§ 1908. Effect of judgment or order. A judgment or order against a nonprofit association is not by itself a judgment or order against a member.71 Del. Laws, c. 79, § 1;
6 Del. C. § 1909. Disposition of personal property of inactive nonprofit association.
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§ 1909. Disposition of personal property of inactive nonprofit association. If a nonprofit association has been inactive for 3 years or longer, a person in possession or control of personal property of the nonprofit association may transfer the property: (1) If a document of a no…
6 Del. C. § 1910. Appointment of agent to receive service of process.
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§ 1910. Appointment of agent to receive service of process. (a) A nonprofit association may file in the office of the Secretary of State a statement appointing an agent authorized to receive service of process. (b) A statement appointing an agent must set forth: (1) The name of t…
6 Del. C. § 1911. Claim not abated by change of members or officers.
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§ 1911. Claim not abated by change of members or officers. A claim for relief against a nonprofit association does not abate merely because of a change in its members or persons authorized to manage the affairs of the nonprofit association.71 Del. Laws, c. 79, § 1;
6 Del. C. § 1912. Venue.
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§ 1912. Venue. For purposes of venue, a nonprofit association is a resident of a city or county in which it has an office.71 Del. Laws, c. 79, § 1;
6 Del. C. § 1913. Summons and complaint; service on whom.
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§ 1913. Summons and complaint; service on whom. In an action or proceeding against a nonprofit association, a summons and complaint must be served on an agent authorized by appointment to receive service of process, an officer, managing or general agent, or a person authorized to…
6 Del. C. § 1914. Uniformity of application and construction.
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§ 1914. Uniformity of application and construction. This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.71 Del. Laws, c. 79, § 1;
6 Del. C. § 1915. Short title.
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§ 1915. Short title. This chapter shall be known as and may be cited as the “Delaware Uniform Unincorporated Nonprofit Association Act.”71 Del. Laws, c. 79, § 1;
6 Del. C. § 1916. Transition concerning real and personal property.
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§ 1916. Transition concerning real and personal property. (a) If, before June 25, 1997, an estate or interest in real or personal property was purportedly transferred to a nonprofit association, on June 25, 1997, the estate or interest vests in the nonprofit association unless th…
6 Del. C. § 2001. Definitions.
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§ 2001. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: (1) “Improper means” shall include theft, bribery, misrepresentation, …
6 Del. C. § 2002. Injunctive relief.
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§ 2002. Injunctive relief. (a) Actual or threatened misappropriation may be enjoined. Upon application to the court, an injunction shall be terminated when the trade secret has ceased to exist, but the injunction may be continued for an additional reasonable period of time in ord…
6 Del. C. § 2003. Damages.
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§ 2003. Damages. (a) Except to the extent that a material and prejudicial change of position prior to acquiring knowledge or reason to know of misappropriation renders a monetary recovery inequitable, a complainant is entitled to recover damages for misappropriation. Damages can …
6 Del. C. § 2004. Attorneys’ fees.
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§ 2004. Attorneys’ fees. If a claim of misappropriation is made in bad faith, a motion to terminate an injunction is made or resisted in bad faith, or wilful and malicious misappropriation exists, the court may award reasonable attorney’s fees to the prevailing party.63 Del. Laws…
6 Del. C. § 2005. Preservation of secrecy.
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§ 2005. Preservation of secrecy. In an action under this chapter, a court shall preserve the secrecy of an alleged trade secret by reasonable means, which may include granting protective orders in connection with discovery proceedings, holding in-camera hearings, sealing the reco…
6 Del. C. § 2006. Statute of limitations.
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§ 2006. Statute of limitations. An action for misappropriation must be brought within 3 years after the misappropriation is discovered or by the exercise of reasonable diligence should have been discovered. For the purposes of this section, a continuing misappropriation constitut…
6 Del. C. § 2007. Effect on other law.
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§ 2007. Effect on other law. (a) Except as provided in subsection (b) of this section, this chapter displaces conflicting tort, restitutionary and other law of this State providing civil remedies for misappropriation of a trade secret. (b) This chapter does not affect: (1) Contra…
6 Del. C. § 2008. Application and construction of chapter.
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§ 2008. Application and construction of chapter. This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.63 Del. Laws, c. 218, § 1;
6 Del. C. § 2009. Short title.
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§ 2009. Short title. This chapter may be cited as the “Uniform Trade Secrets Act.”63 Del. Laws, c. 218, § 1;
6 Del. C. § 2101. Purpose; legislative intent.
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§ 2101. Purpose; legislative intent. The purpose of this chapter shall be to promote the public benefits of a competitive economic environment based upon free enterprise. It is the intent of the General Assembly to promote efficiency in business operations, an equitable return on…
6 Del. C. § 2102. Definitions.
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§ 2102. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: (1) “Court” means the Court of Chancery except where another court is …
6 Del. C. § 2103. Unlawful conduct.
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§ 2103. Unlawful conduct. (a) Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce of this State shall be unlawful. (b) It is unlawful for a person to monopolize, attempt to monopolize, or combine or conspire with any oth…
6 Del. C. § 2104. Exemptions.
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§ 2104. Exemptions. (a) Nothing in this chapter shall be construed to forbid the existence or operation of labor, agricultural or horticultural organizations, instituted for the purposes of mutual help, and not having capital stock or conducted for profit, or to forbid or restrai…
6 Del. C. § 2105. General power of Attorney General.
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§ 2105. General power of Attorney General. The Attorney General shall have full power and authority on behalf of the State and its public bodies to investigate suspected violations of this chapter or of federal antitrust laws, and may institute such proceedings as are provided fo…
6 Del. C. § 2106. Investigative demand by Attorney General.
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§ 2106. Investigative demand by Attorney General. (a) Whenever the Attorney General has reason to believe that any person may have knowledge, or be in possession, custody or control of any documentary material, pertinent to a possible violation of this chapter, the Attorney Gener…
6 Del. C. § 2107. Actions by Attorney General for violations; civil penalty; equitable relief
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§ 2107. Actions by Attorney General for violations; civil penalty; equitable relief (a) The Attorney General may bring an action for any violation or threatened violation of this chapter. In any such action, the Court may assess against each defendant a civil penalty for the bene…
6 Del. C. § 2108. Actions for equitable relief and damages; suits parens patriae.
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§ 2108. Actions for equitable relief and damages; suits parens patriae. (a) If the State or any public body thereof is threatened with injury or injured in its business or property by a violation of this chapter, the Attorney General may bring an action for appropriate equitable …
6 Del. C. § 2109. Judgment or decree as prima facie evidence.
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§ 2109. Judgment or decree as prima facie evidence. In any action or proceeding brought by the Attorney General, a final judgment or decree determining that a person has violated this chapter, other than a consent judgment or decree entered before any testimony has been taken, is…
6 Del. C. § 2110. Jurisdiction.
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§ 2110. Jurisdiction. The Court of Chancery shall have exclusive jurisdiction of all state court actions or proceedings authorized by this chapter or relating to its enforcement; provided, however, that in an action in which any party would otherwise have a right to trial by jury…
6 Del. C. § 2111. Limitation of actions.
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§ 2111. Limitation of actions. Any action to enforce this chapter shall be forever barred unless commenced within 4 years after the cause of action accrued. For purposes of this section, a cause of action for a continuing violation is deemed to accrue at any time during the perio…
6 Del. C. § 2112. Security not required of State and public bodies.
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§ 2112. Security not required of State and public bodies. Unless otherwise ordered by the Court, the State and its public bodies shall not be required to give security in any action or proceeding under this chapter.62 Del. Laws, c. 89, § 1;
6 Del. C. § 2113. Construction of chapter.
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§ 2113. Construction of chapter. This chapter shall be construed in harmony with ruling judicial interpretations of comparable federal antitrust statutes.62 Del. Laws, c. 89, § 1;
6 Del. C. § 2114. Short title.
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§ 2114. Short title. This chapter shall be known and may be cited as the “Delaware Antitrust Act.”62 Del. Laws, c. 89, § 1;
6 Del. C. § 2201. Short title.
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§ 2201. Short title. This chapter shall be known as the “Clean Credit and Identity Theft Prevention Act.”75 Del. Laws, c. 328, § 1;
6 Del. C. § 2202. Definitions.
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§ 2202. Definitions. For the purposes of this chapter, the following terms shall have the following meanings: (1) “Consumer” means an individual who is a resident of Delaware. (2) “Consumer report” or “credit report” means any written, oral, or other communication of any informat…
6 Del. C. § 2203. Security freeze.
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§ 2203. Security freeze. (a) Definitions. — For the purposes of this section, the following terms shall have the following meanings: (1) “Reviewing the account” or “account review” includes activities related to account maintenance, monitoring, credit line increases, and account …
6 Del. C. § 2204. Right to file a police report regarding identity theft.
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§ 2204. Right to file a police report regarding identity theft. (a) A person who knows or reasonably believes that the person has been the victim of identity theft may contact the police agency that has jurisdiction over that person’s actual residence, which shall take a police r…
6 Del. C. § 2205. Security freezes for minors and protected persons.
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§ 2205. Security freezes for minors and protected persons. (a) In this section the following words have the meanings indicated. (1) “Protected consumer” means an individual who is: a. Under the age of 16 years at the time a request for the placement of a security freeze is made; …
6 Del. C. § 2301. Legal rate; loans insured by Federal Housing Administration.
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§ 2301. Legal rate; loans insured by Federal Housing Administration. (a) Any lender may charge and collect from a borrower interest at any rate agreed upon in writing not in excess of 5% over the Federal Reserve discount rate including any surcharge thereon. Where there is no exp…