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Delaware Statutes, Title 6

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Delaware/Statutes

← All Delaware coverage

Title 6, Commerce and Trade

89 chapters · 1,810 sections in this title.

All chapters in Title 61,810 Ch 9, Article 9. Secured Transactions152 Ch 17, LIMITED PARTNERSHIPS111 Ch 18, LIMITED LIABILITY COMPANY ACT105 Ch 2, Article 2. Sales103 Ch 15, DELAWARE REVISED UNIFORM PARTNERSHIP ACT93 Ch 2a, Article 2A. Leases79 Ch 25, PROHIBITED TRADE PRACTICES78 Ch 3, Article 3. Negotiable Instruments71 Ch 8, Article 8. Investment Securities53 Ch 43, RETAIL INSTALLMENT SALES51 Ch 7, Article 7. Documents of Title43 Ch 51, Commerce and Trade42 Ch 4, Article 4. Bank Deposits and Collections41 Ch 24a, Commerce and Trade39

1,810 sections·Filtered byTitle 6✕

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;

Showing 1,051–1,100 of 1,810

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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…

6 Del. C. § 2302. Secured demand loans for not less than $5,000 by banks and others.

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§ 2302. Secured demand loans for not less than $5,000 by banks and others. Every contract for the loan or advance of money by banking corporations, within this State, shall be subject to § 2301 of this title. In any case where loans or advances of money, made by banking corporati…

6 Del. C. § 2303. Loans of less than $500.

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§ 2303. Loans of less than $500. Repealed by 71 Del. Laws, c. 254, § 34, eff. Mar. 30, 1998.

6 Del. C. § 2304. Usury defined; borrower’s rights and remedies where interest exceeds the lawful rate.

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§ 2304. Usury defined; borrower’s rights and remedies where interest exceeds the lawful rate. (a) Usury is the charge to a borrower by a lender, directly or indirectly, of a higher rate of interest than that permitted by law. (b) When a rate of interest for the loan or use of mon…

6 Del. C. § 2305. Negotiable paper; rights of holders.

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§ 2305. Negotiable paper; rights of holders. Nothing in this chapter shall affect the holders of negotiable paper taken bona fide in the usual course of business.Code 1852, § 1160; 16 Del. Laws, c. 310, § 1; Code 1915, § 2621; 28 Del. Laws, c. 213; Code 1935, § 3101; 6 Del. C. 19…

6 Del. C. § 2306. Defense of usury as available to certain entities and associations.

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§ 2306. Defense of usury as available to certain entities and associations. No corporation, limited partnership, statutory trust, business trust or limited liability company, and no association or joint stock company having any of the powers and privileges of corporations not pos…

6 Del. C. § 2307. International banking transactions.

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§ 2307. International banking transactions. This chapter and any other law of this State limiting the rate or amount of interest, discount, points, finance charges, service charges or other charges which may be charged, taken, collected, received or reserved shall not apply to an…

6 Del. C. § 2400B. Short title.

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§ 2400B. Short title. This chapter may be cited as the “Mortgage Rescue Fraud Protection Act.”76 Del. Laws, c. 419, § 1;

6 Del. C. § 2400C. Short title.

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§ 2400C. Short title. This chapter may be cited as the “Delaware Mortgage Loan Modification Services Act.”78 Del. Laws, c. 196, § 9;

6 Del. C. § 2401. Definitions.

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§ 2401. Definitions. In this chapter: (1) “Buyer” means an individual who is solicited to purchase or who purchases the services of a credit service organization. (2) “Consumer reporting agency” has the meaning assigned by § 603(f), Fair Credit Reporting Act (15 U.S.C. § 1681a(f)…

6 Del. C. § 2401A. Short title.

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§ 2401A. Short title. This chapter may be cited as the “Delaware Uniform Debt-Management Services Act.”75 Del. Laws, c. 430, § 1;

6 Del. C. § 2401B. Purpose.

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§ 2401B. Purpose. The purpose of this chapter is to protect homeowners from unfair or deceptive practices by foreclosure consultants or through foreclosure reconveyance agreements.76 Del. Laws, c. 419, § 1;

6 Del. C. § 2401C. Purpose.

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§ 2401C. Purpose. The purpose of this chapter is to protect homeowners from unfair or deceptive practices by providers of mortgage loan modification services.78 Del. Laws, c. 196, § 9;

6 Del. C. § 2402. Credit services organization.

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§ 2402. Credit services organization. (a) A credit services organization is a person who, with respect to the extension of credit by others and in return for the payment of money or other valuable consideration, provides, or represents that the person can or will provide, any of …

6 Del. C. § 2402A. Definitions.

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§ 2402A. Definitions. In this chapter: (1) “Affiliate”: (A) With respect to an individual, means: (i) The spouse of the individual; (ii) A sibling of the individual or the spouse of a sibling; (iii) An individual or the spouse of an individual who is a lineal ancestor or lineal d…

6 Del. C. § 2402B. Definitions.

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§ 2402B. Definitions. As used in this chapter, unless the context requires otherwise: (1) “Foreclosure consultant” means a person who: a. Solicits or contacts a homeowner in writing, in person, or through any electronic or telecommunications medium, and directly or indirectly mak…

6 Del. C. § 2402C. Definitions.

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§ 2402C. Definitions. As used in the chapter, unless the context requires otherwise: (1) “Commercial communication” means any written or oral statement, illustration, or depiction in any medium that is designed to effect a sale of or create interest in purchasing, any mortgage mo…

6 Del. C. § 2403. Prohibited conduct.

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§ 2403. Prohibited conduct. A credit services organization, a salesperson, agent or representative of a credit services organization, or an independent contractor who sells or attempts to sell the services of a credit services organization may not: (1) Charge a buyer or receive f…

6 Del. C. § 2403A. Exempt agreements and persons.

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§ 2403A. Exempt agreements and persons. (a) This chapter does not apply to an agreement with an individual who the provider has no reason to know resides in this State at the time of the agreement. (b) This chapter does not apply to a provider to the extent that the provider: (1)…

6 Del. C. § 2403B. Exempt agreements and persons.

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§ 2403B. Exempt agreements and persons. This chapter does not apply to: (1) An individual admitted to practice law in this State, while performing any activity related to the individual’s regular practice of law in this State; (2) A person who holds, or is owed as an obligation s…

6 Del. C. § 2403C. Exemptions.

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§ 2403C. Exemptions. This chapter does not apply to: (1) An individual admitted to practice law in this State, who is in an attorney client relationship, while performing any activity related to the individual’s regular practice of law in this State; (2) A person doing business u…

6 Del. C. § 2404. Bond; surety account.

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§ 2404. Bond; surety account. (a) This section applies to a credit services organization required by § 2403(1) of this title to obtain a surety bond or establish a surety account. (b) If a bond is obtained, a copy of it shall be filed with the Secretary of State. If a surety acco…

6 Del. C. § 2404A. License required.

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§ 2404A. License required. (a) Except as otherwise provided in subsection (b) of this section, a provider may not provide debt-management services to an individual who it reasonably should know resides in this State at the time it agrees to provide the services, unless the provid…

6 Del. C. § 2404B. Required language.

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§ 2404B. Required language. The disclosures and documents required by this chapter must be in English. If a person communicates with an individual primarily in a language other than English, that person must furnish a translation into the other language of the disclosures and doc…

6 Del. C. § 2404C. Registration required.

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§ 2404C. Registration required. Unless exempted under this chapter, a person may not provide mortgage loan modification services to an individual who it reasonably should know resides in this State at the time it agrees to provide the services, unless the person satisfies the fol…

6 Del. C. § 2405. Registration.

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§ 2405. Registration. (a) A credit services organization shall file a registration statement with the Secretary of State before conducting business in this State. The registration statement must contain: (1) The name and address of the credit services organization; and (2) The na…

6 Del. C. § 2405A. Application for license — Form, fee, and accompanying documents.

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§ 2405A. Application for license — Form, fee, and accompanying documents. (a) An application for license as a provider must be in a form prescribed by the Attorney General. (b) An application for a license as a provider must be accompanied by: (1) A nonrefundable fee of $2,000, w…