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Delaware Statutes, Title 5

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Delaware/Statutes

← All Delaware coverage

Title 5, Banking

31 chapters · 735 sections in this title.

All chapters in Title 5735 Ch 7, CORPORATION LAW FOR STATE BANKS AND …100 Ch 9, REGULATIONS GOVERNING BUSINESS OF BA…73 Ch 22, LICENSED LENDERS61 Ch 1, STATE BANK COMMISSIONER42 Ch 8, ACQUISITION OF INTERESTS IN BANKING …39 Ch 23, Money Transmission and Virtual Curre…39 Ch 35, Delaware Payment Stablecoins Act [Fo…38 Ch 15, CREDIT CARD INSTITUTIONS33 Ch 16, CORPORATION LAW FOR STATE SAVINGS BANKS33 Ch 14, FOREIGN BANKS30 Ch 33, BUSINESS AND INDUSTRIAL DEVELOPMENT …24 Ch 24, Mortgage Loan Originators23 Ch 27, CASHING OF CHECKS, DRAFTS OR MONEY O…23 Ch 19, Powers and Conduct of Business21

735 sections·Filtered byTitle 5✕

5 Del. C. § 2112. Regulations.
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§ 2112. Regulations. The Commissioner may adopt such regulations, not inconsistent herewith, as the Commissioner may deem necessary or appropriate in the administration, interpretation and enforcement of this chapter.68 Del. Laws, c. 326, § 1;
5 Del. C. § 2113. Mortgage or loan broker disclosures.
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§ 2113. Mortgage or loan broker disclosures. A licensee may not receive a fee for acting as a mortgage loan broker except pursuant to a written agreement between the mortgage loan broker and the borrower. Such written agreement shall be entered into prior to the time that the mor…
5 Del. C. § 2114. Responsibilities of mortgage loan brokers.
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§ 2114. Responsibilities of mortgage loan brokers. A mortgage loan broker shall diligently and in good faith attempt to obtain a mortgage loan for the account of a borrower in accordance with the terms of the agreement for mortgage loan brokerage services. No mortgage loan broker…
5 Del. C. § 2115. Mortgage loan broker fees.
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§ 2115. Mortgage loan broker fees. A licensee may not accept any fee in connection with a mortgage loan, other than an application fee or any credit report fee, property appraisal fee, title examination fee or other bona fide 3rd-party fee actually and reasonably paid or incurred…

Showing 451–500 of 735

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5 Del. C. § 2116. Penalty.

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§ 2116. Penalty. Any person who violates any provision of this chapter shall be fined not less than $50 nor more than $200 or imprisoned for not more than 3 months or both for each such offense.73 Del. Laws, c. 247, § 7;

5 Del. C. § 2117. Multi-state automated licensing system.

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§ 2117. Multi-state automated licensing system. (a) The Commissioner is authorized to participate in any automated system involving 1 or more other states that will facilitate any aspect of the application and licensing processes of this chapter. (b) Upon joining any such system,…

5 Del. C. § 2118. Reverse mortgages.

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§ 2118. Reverse mortgages. (a) For purposes of this section, unless the context requires otherwise: (1) “Independent housing counselor” means a housing counseling agency approved by the United States Department of Housing and Urban Development, or any government agency or nonprof…

5 Del. C. § 2119. Mortgage loan modification services; compensation.

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§ 2119. Mortgage loan modification services; compensation. (a) As used in this section, unless the context requires otherwise, “mortgage loan modification services” means services as an intermediary between an individual and 1 or more mortgage loan creditors for the purpose of ob…

5 Del. C. § 2201. Definitions.

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§ 2201. Definitions. In this chapter, unless the context otherwise requires: (1) “Person” means an individual, corporation, partnership or any other business entity or group or combination of individuals however organized. (2) “Licensee,” “licensed lender,” “person licensed” or “…

5 Del. C. § 2202. License required.

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§ 2202. License required. (a) Every person desiring to transact the business of lending money in this State shall be required to obtain a license under this chapter; provided, however, that a person that makes not more than 5 loans within any 12-month period shall be deemed not t…

5 Del. C. § 2203. Application and fees.

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§ 2203. Application and fees. (a) Every application for a license shall be in writing in the form prescribed by the Commissioner and shall contain the name and complete address or addresses where the business of the applicant is to be conducted and, if the applicant be a partners…

5 Del. C. § 2204. Issuance of license.

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§ 2204. Issuance of license. Upon the filing of an application for a license, if the Commissioner shall find that the financial responsibility, experience, character and general fitness of the applicant and of the members thereof (if the applicant be a copartnership or associatio…

5 Del. C. § 2205. Changes in officers or directors of licensee.

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§ 2205. Changes in officers or directors of licensee. In the event that there shall be any change among the officers, partners or directors of any licensee, the licensee shall forthwith notify the Commissioner of the name, address and occupation of each new officer, partner or di…

5 Del. C. § 2206. License requirements; acquisition.

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§ 2206. License requirements; acquisition. (a) A licensee shall obtain a license for each office or other place of business from which its licensed business is conducted upon payment of the required fees for each office and compliance with all applicable provisions of law. In the…

5 Del. C. § 2207. Renewal of license.

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§ 2207. Renewal of license. Every holder of a license or a renewal thereof, as provided for in this section, desiring to continue the transaction of the business as provided for in this chapter, shall at least 30 days prior to the expiration of such license or renewal thereof mak…

5 Del. C. § 2208. Surety bonds and irrevocable letters of credit.

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§ 2208. Surety bonds and irrevocable letters of credit. (a) Surety bonds. — (1) Every licensee shall file with the Commissioner, in a form satisfactory to the Commissioner, an original corporate surety bond, with surety provided by a corporation authorized to transact business in…

5 Del. C. § 2209. Suspension, revocation or surrender of license.

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§ 2209. Suspension, revocation or surrender of license. (a) The Commissioner may revoke any license issued hereunder if the Commissioner shall find that: (1) The licensee has violated any provision of this chapter or any rule or regulation made by the Commissioner under and withi…

5 Del. C. § 2210. Supervision and examination of business by Commissioner.

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§ 2210. Supervision and examination of business by Commissioner. (a) Every person or combination of persons licensed to transact business as provided in this chapter in the State shall be subject to the supervision and examination of the State Bank Commissioner and shall be exami…

5 Del. C. § 2211. Maintenance of books and records by licensee.

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§ 2211. Maintenance of books and records by licensee. (a) Every licensee shall maintain such books, accounts and records relating to all transactions within this chapter as will enable the Commissioner to enforce full compliance with this chapter. (b) Each licensee that engages i…

5 Del. C. § 2212. Retention of books and records by licensee.

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§ 2212. Retention of books and records by licensee. All books, accounts and records of the licensee shall be preserved and kept available as provided in this chapter for such period of time as the Commissioner may by regulation require.66 Del. Laws, c. 22, § 1;

5 Del. C. § 2213. Contents of books and records.

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§ 2213. Contents of books and records. The Commissioner may prescribe the minimum information to be shown in such books, accounts and records of the licensee so that such records will enable the Commissioner to determine compliance with this chapter.66 Del. Laws, c. 22, § 1;

5 Del. C. § 2213A. Multi-state automated licensing system.

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§ 2213A. Multi-state automated licensing system. (a) The Commissioner is authorized to participate in any automated system involving 1 or more other states that will facilitate any aspect of the application and licensing processes of this chapter. (b) Upon joining any such system…

5 Del. C. § 2214. Definitions.

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§ 2214. Definitions. As used in this subchapter: (1) “Revolving credit plan” or “plan” means a plan contemplating the extension of credit under an account governed by an agreement between a licensee and a borrower pursuant to which: a. The licensee permits the borrower and, if th…

5 Del. C. § 2215. Extension of credit.

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§ 2215. Extension of credit. Any licensee may offer and extend credit under a revolving credit plan to a borrower and in connection therewith may charge and collect the interest and other charges permitted by this subchapter and may take such security as collateral in connection …

5 Del. C. § 2216. Interest.

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§ 2216. Interest. A licensee may charge and collect interest under a revolving credit plan on outstanding unpaid indebtedness in the borrower’s account under the plan at such daily, weekly, monthly, annual or other periodic percentage rate or rates as the agreement governing the …

5 Del. C. § 2217. Variable rates.

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§ 2217. Variable rates. If the agreement governing the revolving credit plan so provides, the periodic percentage rate or rates of interest under such plan may vary in accordance with a schedule or formula. Such periodic percentage rate or rates may vary from time to time as the …

5 Del. C. § 2218. Additional charges.

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§ 2218. Additional charges. (a) In addition to or in lieu of interest at a periodic percentage rate or rates as provided in §§ 2216 and 2217 of this title, a licensee may, if the agreement governing the revolving credit plan so provides, charge and collect 1 or more of the follow…

5 Del. C. § 2219. Terms for indebtedness.

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§ 2219. Terms for indebtedness. A licensee may, if the agreement governing a revolving credit plan so provides, impose different terms (including, without limitation, the terms governing the periodic percentage rate or rates used to calculate interest, the method of computing the…

5 Del. C. § 2220. Omitted installments.

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§ 2220. Omitted installments. A licensee may at any time and from time to time unilaterally extend to a borrower under a revolving credit plan the option of omitting monthly installments.66 Del. Laws, c. 22, § 1;

5 Del. C. § 2221. Insurance.

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§ 2221. Insurance. (a) A licensee may request but not require an individual borrower to be insured in respect of a revolving credit plan under a life, health, accident, health and accident or other credit or other permissible insurance policy, whether group or individual, and in …

5 Del. C. § 2222. Delinquent installments.

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§ 2222. Delinquent installments. (a) If the agreement governing a revolving credit plan so provides, a licensee may impose, as interest, a late or delinquency charge upon any outstanding unpaid installment payments or portions thereof under the plan which are in default; provided…

5 Del. C. § 2223. Attorney’s fees; costs.

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§ 2223. Attorney’s fees; costs. In the event a borrower defaults under the terms of a plan, the licensee may, if the borrower’s account is referred to an attorney (not a regularly salaried employee of the licensee) or to a third party for collection and if the agreement governing…

5 Del. C. § 2224. Amendment of agreement.

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§ 2224. Amendment of agreement. (a) Unless the agreement governing a revolving credit plan otherwise provides, a licensee may at any time and from time to time amend such agreement in any respect, whether or not the amendment or the subject of the amendment was originally contemp…

5 Del. C. § 2225. Application of other State laws.

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§ 2225. Application of other State laws. 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 extensions of credit u…

5 Del. C. § 2226. Nonexclusivity; captions.

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§ 2226. Nonexclusivity; captions. (a) The provisions of this subchapter are not exclusive and a licensee may at its option elect to extend credit either pursuant to this subchapter or as otherwise permitted by applicable law. (b) Section headings and captions contained in this su…

5 Del. C. § 2227. Definitions.

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§ 2227. Definitions. As used in this subchapter: (1) “Business day” means, with respect to recission under § 2235A of this title, all calendar days except Sundays and legal public holidays. (2) “Closed end credit” means the extension of credit by a licensee to a borrower pursuant…

5 Del. C. § 2228. Extension of credit.

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§ 2228. Extension of credit. (a) Any licensee may, subject to any limitations on lending authority contained in its charter or otherwise imposed by law and subject to the other provisions of this subchapter, offer and extend closed end credit to a borrower and, in connection ther…

5 Del. C. § 2229. Interest.

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§ 2229. Interest. A licensee may charge and collect interest in respect of a loan at such daily, weekly, monthly, annual or other periodic percentage rate or rates as the agreement governing the loan provides or as established in the manner provided in such agreement and may calc…

5 Del. C. § 2230. Variable rates.

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§ 2230. Variable rates. If the agreement governing the loan so provides, the periodic percentage rate or rates of interest charged and collected in respect of the loan may, if the interest is not precomputed and taken in advance, vary in accordance with a schedule or formula. Suc…

5 Del. C. § 2231. Additional charges.

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§ 2231. Additional charges. In addition to or in lieu of interest at a periodic percentage rate or rates permitted by §§ 2229 and 2230 of this title, the licensee may charge and collect, in respect of a loan: (1) Reasonable fees for services rendered or for reimbursement of expen…

5 Del. C. § 2232. Deferred installments.

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§ 2232. Deferred installments. A licensee may at any time or from time to time permit a borrower to defer installment payments of a loan and may, in connection with such deferral, charge and collect deferral charges and may also require payment by such borrower of the additional …

5 Del. C. § 2233. Insurance.

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§ 2233. Insurance. (a) A licensee may request but not require a borrower to be insured in respect of a loan under a life, health, accident, health and accident or other permissible insurance policy, whether group or individual, and in the event that a loan to a borrower is secure…

5 Del. C. § 2234. Prepayment.

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§ 2234. Prepayment. (a) A borrower may prepay a loan in full at any time. (b) If interest charged pursuant to § 2229 of this title in respect to a loan has been precomputed and taken in advance, then, in the event of prepayment of the entire indebtedness, the licensee shall refun…

5 Del. C. § 2235. Refinancing.

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§ 2235. Refinancing. (a) A borrower may, with the consent of the licensee, refinance the entire outstanding and unpaid amount of a loan, and the licensee may charge and collect a refinancing charge in connection with any such refinancing. (b) For the purposes of this section, the…

5 Del. C. § 2235A. Short-term consumer loans.

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§ 2235A. Short-term consumer loans. (a) In addition to such other limitations and requirements as are imposed pursuant to other provisions of this subchapter, short-term consumer loans shall be subject to the following: (1) Notwithstanding any other provision of law, no licensee …

5 Del. C. § 2235B. Database.

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§ 2235B. Database. (a) The Commissioner shall, by contract with a third-party provider or otherwise, develop and implement a common database with real-time access through an Internet connection by means of which a licensee may determine: (1) Whether a borrower has an outstanding …

5 Del. C. § 2235C. Report by Commissioner.

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§ 2235C. Report by Commissioner. (a) The Commissioner shall collect and submit the following information to the Banking Committee of the Senate and the Economic Development/Banking/Insurance/Commerce Committee of the House of Representatives on or before March 15 of each year: (1…

5 Del. C. § 2236. Attorneys’ fees; costs.

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§ 2236. Attorneys’ fees; costs. In the event a borrower defaults under the terms of a loan, the licensee may, if the borrower’s account is referred to an attorney (not a regularly salaried employee of the licensee) or to a third party for collection and if the agreement governing…

5 Del. C. § 2237. Application of other State laws.

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§ 2237. Application of other State laws. 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 extensions of credit m…

5 Del. C. § 2238. Nonexclusivity; captions.

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§ 2238. Nonexclusivity; captions. (a) The provisions of this subchapter are not exclusive and a licensee may at its option elect to extend credit either pursuant to this subchapter or as otherwise permitted by applicable law. (b) Section headings and captions contained in this su…