Title 6 — Commerce and Trade
89 chapters · 627 sections in this title.
6 Del. C. § 5-101. Short title.
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§ 5-101. Short title. This Article may be cited as Uniform Commercial Code — Letters of Credit.5A Del. C. 1953, §§ 5-101; 55 Del. Laws, c. 349; 71 Del. Laws, c. 393, § 1;
6 Del. C. § 5-102. Definitions.
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§ 5-102. Definitions. (a) In this Article: (1) “Adviser” means a person who, at the request of the issuer, a confirmer, or another adviser, notifies or requests another adviser to notify the beneficiary that a letter of credit has been issued, confirmed, or amended. (2) “Applican…
6 Del. C. § 5-103. Scope.
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§ 5-103. Scope. (a) This Article applies to letters of credit and to certain rights and obligations arising out of transactions involving letters of credit. (b) The statement of a rule in this Article does not by itself require, imply, or negate application of the same or a diffe…
6 Del. C. § 5-104. Formal requirements.
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§ 5-104. Formal requirements. A letter of credit, confirmation, advice, transfer, amendment, or cancellation may be issued in any form that is a signed record.5A Del. C. 1953, §§ 5-104; 55 Del. Laws, c. 349; 71 Del. Laws, c. 393, § 1; 84 Del. Laws, c. 174, § 33;
6 Del. C. § 5-105. Consideration.
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§ 5-105. Consideration. Consideration is not required to issue, amend, transfer, or cancel a letter of credit, advice, or confirmation.5A Del. C. 1953, §§ 5-105; 55 Del. Laws, c. 349; 71 Del. Laws, c. 393, § 1;
6 Del. C. § 5-106. Issuance, amendment, cancellation, and duration.
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§ 5-106. Issuance, amendment, cancellation, and duration. (a) A letter of credit is issued and becomes enforceable according to its terms against the issuer when the issuer sends or otherwise transmits it to the person requested to advise or to the beneficiary. A letter of credit…
6 Del. C. § 5-107. Confirmer, nominated person, and adviser.
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§ 5-107. Confirmer, nominated person, and adviser. (a) A confirmer is directly obligated on a letter of credit and has the rights and obligations of an issuer to the extent of its confirmation. The confirmer also has rights against and obligations to the issuer as if the issuer w…
6 Del. C. § 5-108. Issuer’s rights and obligations.
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§ 5-108. Issuer’s rights and obligations. (a) Except as otherwise provided in Section 5-109, an issuer shall honor a presentation that, as determined by the standard practice referred to in subsection (e), appears on its face strictly to comply with the terms and conditions of th…
6 Del. C. § 5-109. Fraud and forgery.
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§ 5-109. Fraud and forgery. (a) If a presentation is made that appears on its face strictly to comply with the terms and conditions of the letter of credit, but a required document is forged or materially fraudulent, or honor of the presentation would facilitate a material fraud …
6 Del. C. § 5-110. Warranties.
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§ 5-110. Warranties. (a) If its presentation is honored, the beneficiary warrants: (1) to the issuer, any other person to whom presentation is made, and the applicant that there is no fraud or forgery of the kind described in Section 5-109(a); and (2) to the applicant that the dr…
6 Del. C. § 5-111. Remedies.
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§ 5-111. Remedies. (a) If an issuer wrongfully dishonors or repudiates its obligation to pay money under a letter of credit before presentation, the beneficiary, successor, or nominated person presenting on its own behalf may recover from the issuer the amount that is the subject…
6 Del. C. § 5-112. Transfer of letter of credit.
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§ 5-112. Transfer of letter of credit. (a) Except as otherwise provided in Section 5-113, unless a letter of credit provides that it is transferable, the right of a beneficiary to draw or otherwise demand performance under a letter of credit may not be transferred. (b) Even if a …
6 Del. C. § 5-113. Transfer by operation of law.
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§ 5-113. Transfer by operation of law. (a) A successor of a beneficiary may consent to amendments, sign and present documents, and receive payment or other items of value in the name of the beneficiary without disclosing its status as a successor. (b) A successor of a beneficiary…
6 Del. C. § 5-114. Assignment of proceeds.
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§ 5-114. Assignment of proceeds. (a) In this Section, “proceeds of a letter of credit” means the cash, check, accepted draft, or other item of value paid or delivered upon honor or giving of value by the issuer or any nominated person under the letter of credit. The term does not…
6 Del. C. § 5-115. Statute of limitations.
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§ 5-115. Statute of limitations. An action to enforce a right or obligation arising under this Article must be commenced within one year after the expiration date of the relevant letter of credit or one year after the cause of action accrues, whichever occurs later. A cause of ac…
6 Del. C. § 5-116. Choice of law and forum.
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§ 5-116. Choice of law and forum. (a) The liability of an issuer, nominated person, or adviser for action or omission is governed by the law of the jurisdiction chosen by an agreement in the form of a record signed by the affected parties or by a provision in the person’s letter …
6 Del. C. § 5-117. Subrogation of issuer, applicant, and nominated person.
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§ 5-117. Subrogation of issuer, applicant, and nominated person. (a) An issuer that honors a beneficiary’s presentation is subrogated to the rights of the beneficiary to the same extent as if the issuer were a secondary obligor of the underlying obligation owed to the beneficiary…
6 Del. C. § 5-118. Security interest of issuer or nominated person.
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§ 5-118. Security interest of issuer or nominated person. (a) An issuer or nominated person has a security interest in a document presented under a letter of credit to the extent that the issuer or nominated person honors or gives value for the presentation. (b) So long as and to…
6 Del. C. § 6-101 — 6-111. Short title; “bulk transfers”; transfers of equipment; enterprises subject to this Article; bulk transfers subject to this Article; transfers excepted from this Article; schedule of property; list of creditors; notice to creditors; application of the proceeds; the notice; auction sales; “auctioneer”; what creditors protected; subsequent transfers; limitation of actions and levies [Repealed].
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§§ 6-101 — 6-111. Short title; “bulk transfers”; transfers of equipment; enterprises subject to this Article; bulk transfers subject to this Article; transfers excepted from this Article; schedule of property; list of creditors; notice to creditors; application of the proceeds; t…
6 Del. C. § 10-101. Effective date.
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§ 10-101. Effective date. This subtitle applies to transactions entered into and events occurring after June 30, 1967.5A Del. C. 1953, §§ 10-101; 55 Del. Laws, c. 349.;
6 Del. C. § 10-102. Specific repealer; provision for transition.
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§ 10-102. Specific repealer; provision for transition. (1) The following acts and all other acts and parts of acts inconsistent herewith are hereby repealed: Uniform Negotiable Instruments Act, Chapter 1 of Title 6. Uniform Warehouse Receipts Act, Chapter 5 of Title 6. Uniform Sa…
6 Del. C. § 10-103. General repealer.
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§ 10-103. General repealer. Except as provided in the following section, all acts and parts of acts inconsistent with this subtitle are repealed.5A Del. C. 1953, §§ 10-103; 55 Del. Laws, c. 349.;
6 Del. C. § 10-104. Laws not repealed [Repealed].
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§ 10-104. Laws not repealed [Repealed]. Repealed by 74 Del. Laws, c. 332, § 67, eff. Jan. 1, 2005.
6 Del. C. § 11-101. Effective date and definitions.
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§ 11-101. Effective date and definitions. (1) This Act shall become effective on January 1, 1984. (2) As used in this Article, unless the context otherwise requires: (a) “Prior Uniform Commercial Code” means the Uniform Commercial Code as in effect prior to the effective date of …
6 Del. C. § 11-102. Preservation of old transition provision.
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§ 11-102. Preservation of old transition provision. Article 10 shall continue to apply to the Revised Uniform Commercial Code and for this purpose the Prior Uniform Commercial Code and the Revised Uniform Commercial Code shall be considered 1 continuous statute.64 Del. Laws, c. 1…
6 Del. C. § 11-103. Transition — General rule.
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§ 11-103. Transition — General rule. Transactions validly entered into after June 30, 1967, and before January 1, 1984, and which were subject to the Prior Uniform Commercial Code and which would be subject to the Revised Uniform Commercial Code if they had been entered into afte…
6 Del. C. § 11-104. Transition provision on change of requirement of filing.
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§ 11-104. Transition provision on change of requirement of filing. A security interest for the perfection of which filing or the taking of possession was required under the Prior Uniform Commercial Code and which attached prior to the effective date of this Act but was not perfec…
6 Del. C. § 11-105. Transition provision on change of place of filing.
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§ 11-105. Transition provision on change of place of filing. (1) A financing statement or continuation statement filed prior to January 1, 1984, which shall not have lapsed prior to January 1, 1984, shall remain effective for the period provided in the Prior Uniform Commercial Co…
6 Del. C. § 11-106. Required refilings.
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§ 11-106. Required refilings. (1) If a security interest is perfected or has priority when this Act takes effect as to all persons or as to certain persons without any filing or recording, and if the filing of a financing statement would be required for the perfection or priority…
6 Del. C. § 11-107. Transition provisions as to uncertificated securities.
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§ 11-107. Transition provisions as to uncertificated securities. (1) The persons shown on the books of the issuer as the holders of uncertificated securities outstanding when this Act becomes effective shall be deemed to be the registered owners thereof. Prior to the 90th day aft…
6 Del. C. § 11-108. Transition provisions as to priorities.
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§ 11-108. Transition provisions as to priorities. Except as otherwise provided in this Article, the Prior Uniform Commercial Code shall apply to any questions of priority if the positions of the parties were fixed prior to January 1, 1984. In other cases questions of priority sha…
6 Del. C. § 11-109. Presumption that rule of law continues unchanged.
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§ 11-109. Presumption that rule of law continues unchanged. Unless a change in law has clearly been made, the Revised Uniform Commercial Code shall be deemed declaratory of the meaning of the Prior Uniform Commercial Code.64 Del. Laws, c. 152, § 8;
6 Del. C. § 12-101. Title.
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§ 12-101. Title. This article may be cited as “Uniform Commercial Code — Controllable Electronic Records.”84 Del. Laws, c. 174, § 90;
6 Del. C. § 12-102. Definitions.
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§ 12-102. Definitions. (a) Article 12 definitions. — In this article: (1) “Controllable electronic record” means a record stored in an electronic medium that can be subjected to control under Section 12-105. The term does not include a controllable account, a controllable payment…
6 Del. C. § 12-103. Relation to Article 9 and consumer laws.
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§ 12-103. Relation to Article 9 and consumer laws. (a) Article 9 governs in case of conflict. — If there is conflict between this article and Article 9, Article 9 governs. (b) Applicable consumer law and other laws. — A transaction subject to this article is subject to any applic…
6 Del. C. § 12-104. Rights in controllable account, controllable electronic record, and controllable payment intangible.
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§ 12-104. Rights in controllable account, controllable electronic record, and controllable payment intangible. (a) Applicability of section to controllable account and controllable payment intangible. — This section applies to the acquisition and purchase of rights in a controlla…
6 Del. C. § 12-105. Control of controllable electronic record.
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§ 12-105. Control of controllable electronic record. (a) General rule: control of controllable electronic record. — A person has control of a controllable electronic record if the electronic record, a record attached to or logically associated with the electronic record, or a sys…
6 Del. C. § 12-106. Discharge of account debtor on controllable account or controllable payment intangible.
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§ 12-106. Discharge of account debtor on controllable account or controllable payment intangible. (a) Discharge of account debtor. — An account debtor on a controllable account or controllable payment intangible may discharge its obligation by paying: (1) the person having contro…
6 Del. C. § 12-107. Governing law.
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§ 12-107. Governing law. (a) Governing law: general rule. — Except as provided in subsection (b), the local law of a controllable electronic record’s jurisdiction governs a matter covered by this article. (b) Governing law: Section 12-106. — For a controllable electronic record t…
6 Del. C. § 1201C. Short title.
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§ 1201C. Short title. This chapter shall be known and may be cited as the “Delaware Online Privacy and Protection Act.”80 Del. Laws, c. 148, § 1;
6 Del. C. § 1202C. Definitions.
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§ 1202C. Definitions. For purposes of this chapter, the following definitions shall apply: (1) “Advertising service” means a person who provides, creates, plans, or handles marketing or advertising for another person. (2) “Book” means paginated or similarly organized content in d…
6 Del. C. § 1203C. Enforcement.
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§ 1203C. Enforcement. The Consumer Protection Unit of the Department of Justice has enforcement authority over this chapter and may investigate and prosecute violations of this chapter in accordance with the provisions of subchapter II of Chapter 25 of Title 29.80 Del. Laws, c. 1…
6 Del. C. § 1204C. Prohibitions on online marketing or advertising to a child.
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§ 1204C. Prohibitions on online marketing or advertising to a child. (a) An operator of an internet website, online or cloud computing service, online application, or mobile application directed to children may not market or advertise a product or service described in subsection …
6 Del. C. § 1205C. Posting of privacy policy by operators of commercial online sites and services.
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§ 1205C. Posting of privacy policy by operators of commercial online sites and services. (a) An operator of a commercial internet website, online or cloud computing service, online application, or mobile application that collects personally identifiable information through the In…
6 Del. C. § 1206C. Privacy of information regarding book service users.
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§ 1206C. Privacy of information regarding book service users. (a) A book service provider shall not knowingly disclose to any government entity, or be compelled to disclose to any person, private entity, or government entity, any book service information about a user to any perso…
6 Del. C. § 12A-101. Short title.
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§ 12A-101. Short title. This chapter may be cited as the “Uniform Electronic Transactions Act.”72 Del. Laws, c. 457, § 1;
6 Del. C. § 12A-102. Definitions.
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§ 12A-102. Definitions. In this chapter: (1) “Agreement” means the bargain of the parties in fact, as found in their language or inferred from other circumstances and from rules, regulations and procedures given the effect of agreements under laws otherwise applicable to a partic…
6 Del. C. § 12A-103. Scope.
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§ 12A-103. Scope. (a) Except as otherwise provided in subsection (b) of this section, this chapter applies to electronic records and electronic signatures relating to a transaction. (b) This chapter does not apply to a transaction to the extent it is governed by: (1) A law govern…
6 Del. C. § 12A-104. Prospective application.
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§ 12A-104. Prospective application. This chapter applies to any electronic record or electronic signature created, generated, sent, communicated, received, or stored on or after July 14, 2000.72 Del. Laws, c. 457, § 1;
6 Del. C. § 12A-105. Use of electronic records and electronic signatures; variation by agreement.
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§ 12A-105. Use of electronic records and electronic signatures; variation by agreement. (a) This chapter does not require a record or signature to be created, generated, sent, communicated, received, stored or otherwise processed or used by electronic means or in electronic form.…