Title 6, Commerce and Trade

§ 5134. Offenses and penalties. (a) No person shall: (1) Use or have in possession for the purpose of using for any commercial purpose specified in § 5109 of this title, sell, offer, or expose for sale or hire, or have in possession for the purpose of selling or hiring, an incorr…

§ 5135. Injunction. The Secretary of Agriculture may apply to any court of competent jurisdiction for, and such court upon hearing and for cause shown may grant, a temporary or permanent injunction restraining any person from violating this chapter.6 Del. C. 1953, § 5140; 53 Del.…

§ 5136. Presumptive evidence. For the purposes of this chapter, proof of the existence of a weight or measure or a weighing or measuring device in or about any building, enclosure, stand or vehicle in which or from which it is shown that buying or selling is commonly carried on, …

§ 5137. Validity of prosecutions. Prosecutions for violation of this chapter shall be valid and proper notwithstanding the existence of any other valid general or specific chapter of the Delaware Laws dealing with matters that may be the same as or similar to those covered by thi…

§ 5138. Concurrent jurisdiction of justices of the peace and Court of Common Pleas. Justices of the peace and the Court of Common Pleas shall have concurrent jurisdiction over violations of this chapter.6 Del. C. 1953, § 5143; 53 Del. Laws, c. 187, § 3; 58 Del. Laws, c. 281, § 21…

§ 5139. Citation. This chapter may be cited as the “Weights and Measures Act of Delaware.”6 Del. C. 1953, § 5144; 53 Del. Laws, c. 187, § 3; 70 Del. Laws, c. 370, § 12;

§ 5140. Fees for services for out-of-state companies. The following fees shall be charged for the services listed below to those firms which do not possess a current Delaware business license: (1) Cast iron and steel weights — Class F tolerances. — The Department shall charge the…

§ 5141. Fines payable by mail. (a) Applicability. — Any weights and measures inspector in this State, who issues a citation for any of the offenses which are violations of laws or regulations established or promulgated under the authority of this chapter, may, in addition to issu…

§ 5142. Administrative penalties. (a) In addition to proceeding under any other remedy available at law or in equity for a violation of this chapter or a rule or regulation adopted thereunder, or any order issued pursuant to this chapter, the Secretary, in the Secretary’s discret…

§ 5301. Standards for measurement. The following shall be the rules for the measurement of mason work in this State: The units of measurement shall be as follows: (1) Generally. — For excavation, the cubic yard. For concrete foundation, the cubic yard. For concrete floors, the su…

§ 5501. Delaware Coordinate System. The systems of plane coordinates which have been established by the National Ocean Service/National Geodetic Survey (formerly the United States Coast and Geodetic Survey) or its successors for defining and stating the geographic positions or lo…

§ 5502. Definition of Delaware Coordinate System. (a) For defining the Delaware Coordinate System of 1927, the following definition by the National Ocean Service/National Geodetic Survey (formerly the United States Coast and Geodetic Survey) is adopted: The “Delaware Coordinate S…

§ 5503. Description of plane coordinates. The plane coordinate values for a point on the Earth’s surface, used to express the geographic position or location of such point in the appropriate zone of this system, shall consist of 2 distances, expressed in U.S. Survey Feet and expr…

§ 5504. Triangulation or traverse stations. The position of the Delaware Coordinate System shall be as marked on the ground by Global Positioning System (GPS) of horizontal control stations established in conformity with standards adopted by the North American National Geodetic H…

§ 5505. Standard for recording coordinates in public records. No coordinates based on either Delaware Coordinate System, purporting to define the position of a point on a land boundary, shall be presented to be recorded in any public land records or deed records unless such point…

§ 5506. Use of term “Delaware Coordinate System”. As established for use, the Delaware Coordinate System of 1927 or the Delaware Coordinate System of 1983 shall be named; and in any land description in which it is used, it shall be designated the “Delaware Coordinate System of 19…

§ 5507. Reliance on description. (a) For purposes of describing the location of any survey station or land boundary corner in the State, it shall be considered a complete, legal and satisfactory description of such location to give the position of said survey station or land boun…

§ 5508. Transitional use of Delaware Coordinate System of 1927; effective date of exclusive use of Delaware Coordinate System of 1983. The Delaware Coordinate System of 1927 shall not be used after a period beginning 12 months after July 1, 2000. Beginning on the date 12 months a…

§§ 7001-7017. Findings; declaration of policy; definitions; Delaware Economic Development Authority — Established; organization; powers; application for assistance; findings and determinations; bonds; covenants with bondholders; pledge of revenues or other property; limitation on…

§ 73-101. Short title; purpose. (a) This chapter shall be known and may be cited as the “Delaware Securities Act.” (b) The purpose of the Delaware Securities Act is to prevent the public from being victimized by unscrupulous or overreaching broker-dealers, agents, investment advi…

§ 73-102. Administration of chapter. (a) This chapter shall be administered by the Attorney General who may designate a Deputy Attorney General to act as Investor Protection Director to be the principal executive officer of an Investor Protection Unit of the Department of Justice…

§ 73-103. Definitions. (a) Generally. — When used in this chapter or any rule or order hereunder, unless the context otherwise requires: (1) “Agent” means any individual, other than a broker-dealer, who represents a broker-dealer or issuer in effecting or attempting to effect pur…

§ 73-104. False and misleading filings. It is unlawful for any person to make or cause to be made, in any document filed with the Director or in any proceeding under this chapter, or any rule or order hereunder, any statement which is, at the time and in light of the circumstance…

§ 73-201. Employment of manipulative and deceptive devices. It is unlawful for any person, in connection with the offer, sale or purchase of any security, directly or indirectly: (1) To employ any device, scheme or artifice to defraud; (2) To make any untrue statement of a materi…

§ 73-202. Registration of and notice filing for securities. It is unlawful for any person to offer or sell any security in this State unless: (1) It is registered under this chapter; (2) The security or transaction is exempted under § 73-207 of this title; or (3) It is a federal …

§ 73-203. Registration of securities by coordination. (a) Any security for which a registration statement has been filed under the Securities Act of 1933 [15 U.S.C. § 77a et seq.] in connection with the same offering may be registered by coordination. (b) A registration statement…

§ 73-204. Registration of securities by qualification. (a) Any security may be registered by qualification. (b) A registration statement under this section shall contain the following information and be accompanied by the following documents in addition to the information specifi…

§ 73-205. Provisions applicable to registration of securities generally. (a) A registration statement may be filed by the issuer, and the other person on whose behalf the offering is to be made, or a registered broker-dealer. (b) Every registration statement shall specify the amo…

§ 73-206. Stop orders. (a) Subject to § 73-208(e) of this title, the Director may issue a stop order prohibiting the offering and sale of a security, or the Director may issue a stop order denying effectiveness to, or suspending or revoking the effectiveness of, any registration …

§ 73-207. Exemptions. (a) The following securities are exempted from §§ 73-202, 73-208 and 73-211 of this title: (1) Any security (including a revenue obligation) issued or guaranteed by the United States, any state, any political subdivision of a state, or any agency or corporat…

§ 73-208. Federal covered securities. (a) The Director, by rule or order, may require the filing of any or all of the following documents with respect to a covered security under § 18(b)(2) of the Securities Act of 1933 [15 U.S.C. § 77r(b)(2)]: (1) Prior to the initial offer of s…

§ 73-209. Misleading filings [Repealed].6 Del. C. 1953, § 7310; 59 Del. Laws, c. 208, § 1; 78 Del. Laws, c. 175, §§ 95, 118; 79 Del. Laws, c. 182, § 3; repealed by 84 Del. Laws, c. 230, § 8, effective Sept. 21, 2023.;

§ 73-210. Unlawful representations concerning registration, notice filing or exemption. (a) Neither the fact that a notice filing under this chapter, an application for registration under this chapter, or a registration statement under this chapter has been filed, nor the fact th…

§ 73-211. Filing of sales and advertising literature. The Director may by rule or order require the filing of any prospectus, pamphlet, circular, form letter, advertisement or other sales literature or advertising communication addressed or intended for distribution to prospectiv…

§ 73-301. Unlawful conduct for broker-dealers, agents, investment advisers, federal covered advisers and investment adviser representatives. (a) It is unlawful for any person to transact business in this State as a broker-dealer or agent unless the person is registered under this…

§ 73-302. Registration and notice filing procedure for broker-dealers, agents, investment advisers, federal covered advisers and investment adviser representatives. (a) A broker-dealer, agent, investment adviser or investment adviser representative may obtain an initial registrat…

§ 73-303. Post-registration provisions for broker-dealers, investment advisers and federal covered advisers. (a) Every registered broker-dealer and investment adviser shall make and keep such accounts, correspondence, memoranda, papers, books and other records as the Director pre…

§ 73-304. Denial, revocation, suspension, cancellation and withdrawal of registration of broker-dealers, agents, investment advisers and investment adviser representatives. (a) The Director may by order deny, suspend or revoke any registration or take such other action authorized…

§ 73-305. Advisory activities. (a) It is unlawful for an investment adviser, federal covered adviser or investment adviser representative, all as defined in this chapter, to employ any device, scheme or artifice to defraud another person, or to engage in any act, practice or cour…

§ 73-306. Trading markets. (a) It is unlawful for any broker-dealer, agent, investment adviser or investment adviser representative to effect transactions in, trade or quote any security unless such security is covered by regulations under the Securities Exchange Act of 1934 [15 …

§ 73-307. Protection of vulnerable adults from financial exploitation. (a) If a qualified individual reasonably believes that financial exploitation of an eligible adult may have occurred, may have been attempted, or is being attempted, the qualified individual shall promptly, bu…

§ 73-401. Authority to investigate. The Director, in the Director’s own discretion, may make such public or private investigations within or outside of this State as the Director deems necessary to determine whether any person has violated or is about to violate any provision of …

§ 73-402. Subpoena power. For the purpose of any investigation or proceeding under this chapter, the Director, or any officer designated by the Director, may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production …

§ 73-403. Failure to comply with subpoena. In case of contumacy by, or refusal to obey a subpoena issued to, any person, the Court of Chancery, upon application by the Director, may issue to the person an order requiring that person to appear before the Court of Chancery or the d…

§ 73-404. Immunity from prosecution. No person is excused from attending and testifying or from producing any document or record before the Director, or in obedience to the subpoena of the Director or any designated officer or in any proceeding instituted by the Director, on the …

§ 73-501. Authority to prosecute administrative enforcement proceedings. The Investor Protection Unit, under the direction of the Director, shall have the authority to prosecute administrative proceedings to enforce the provisions of this chapter or any rule or order hereunder.78…