reglab/housing_qa huggingface dataset:
5 DE Code § 2308. (2021)
2021 Delaware Code|Title 5 - Banking|Chapter 23. Sale of Checks and Transmission of Money|§ 2308. Action by Commissioner; conditional approval; license requirements; acquisition.

§ 2308. Action by Commissioner; conditional approval; license requirements; acquisition. (a) Upon the filing of the application and the payment of the investigation fee and the annual license fee, the Commissioner shall, to the extent the Commissioner deems advisable, investigate the financial responsibility, financial condition, financial and business experience, character and general fitness of the applicant, and if the Commissioner finds these qualities are such as to warrant the belief that the applicant's business will be conducted honestly, fairly, equitably, carefully and efficiently within the purposes of the intent of this chapter and in the manner commanding the confidence and trust of the community, the Commissioner shall advise the applicant in writing of the Commissioner's conditional approval of the application, and thereafter, upon compliance by the applicant with § 2309 of this title, shall issue to the applicant a license to engage in the business of selling and issuing checks, subject to this chapter. If the Commissioner determines on the basis of the Commissioner's investigation that the applicant does not comply with the purposes of this chapter as set forth in the preceding sentence of this section he shall notify the applicant of the denial of the conditional approval of the license stating the reasons therefor in writing. (b) 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 event the location of a licensed office is changed during the term of the license, the Commissioner shall issue without charge an amended license for the new location. In case there is a change of name but no change in corporate structure, the Commissioner shall issue without charge an amended license for the new name. Such license shall not be otherwise transferable or assignable. The Commissioner may issue more than 1 license to the same applicant upon payment of the required fees and compliance with all applicable provisions of law. (c) Upon written request, the Commissioner may in the Commissioner's discretion grant conditional approval for an acquired licensee to conduct its business under its existing license for a period not to exceed 60 days when control of the licensee changes and a new application for licensure has been filed in accordance with this chapter. 5 Del. C. 1953, §  2308;  58 Del. Laws, c. 421;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 15, §  37;  80 Del. Laws, c. 225, § 5;
5 DE Code § 2310. (2021)
2021 Delaware Code|Title 5 - Banking|Chapter 23. Sale of Checks and Transmission of Money|§ 2310. Annual license fee.

§ 2310. Annual license fee. After applicant receives notice of conditional approval by the Commissioner of the application for an original license and annually thereafter at least 30 days prior to the expiration of such license, applicant shall file with the Commissioner a renewal application together with a statement listing the locations in the State of the offices of the applicant and the names and locations of the applicant's agents. The licensee shall pay to the Commissioner with such list a license fee of $4.60 for each such location in excess of 1. The fee shall cover the remainder of the calendar year in which license is granted. Thereafter each licensee shall submit a current list together with a renewal application not less than 30 days prior to the expiration of such license and pay a license fee of $230 plus $4.60 for each location on the list submitted. The requirements of this section shall not apply to any agent of a licensee who is exempt from this chapter pursuant to § 2304(a) of this title. The Commissioner may mandate that applications for renewal shall be treated as new applications if said renewal applications are not on file with the office of the State Bank Commissioner at least 30 days prior to the expiration of such license or renewal thereof. Licensees which have not complied with supervisory letters may be refused license renewal. 5 Del. C. 1953, §  2310;  58 Del. Laws, c. 421;  67 Del. Laws, c. 260, §  1;  68 Del. Laws, c. 9, §  6;  70 Del. Laws, c. 6, §§  10-12;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 327, §  42;
5 DE Code § 2311. (2021)
2021 Delaware Code|Title 5 - Banking|Chapter 23. Sale of Checks and Transmission of Money|§ 2311. Agents.

§ 2311. Agents. A licensee may conduct the licensee's business at 1 or more locations within the State and through or by means of such agents as the licensee may from time to time designate or appoint. No license under this chapter shall be required of any agent of a licensee. In order for an agent to be authorized to act for the licensee in this State, the licensee shall have on file with the Commissioner the name and address of the agent, and the licensee shall notify the Commissioner within 30 days of the change of name or address of an agent or of the termination of any such agent. If the bond deposited by the licensee under § 2309 of this title is less than the maximum provided thereunder, the licensee shall submit and deposit a supplementary bond in the amount required by § 2309 of this title for the additional location or locations that are added. In the event that the licensee shall have filed an irrevocable letter of credit in lieu of a surety bond under § 2309(b) of this title the amount of such letter of credit shall be increased accordingly. The requirements of this section shall not apply to any agent of a person who is exempt from this chapter pursuant to § 2304 of this title. 5 Del. C. 1953, §  2311;  58 Del. Laws, c. 421;  70 Del. Laws, c. 186, §  1;  76 Del. Laws, c. 86, §  2;
5 DE Code § 2312. (2021)
2021 Delaware Code|Title 5 - Banking|Chapter 23. Sale of Checks and Transmission of Money|§ 2312. Liability of licensees.

§ 2312. Liability of licensees. (a) Each licensee shall be liable for the payment of all checks which the licensee sells in this State, in whatever form and whether directly or through an agent, as the maker or drawer thereof according to the negotiable instruments law of this State; and a licensee who sells a check, whether directly or through an agent, upon which the licensee is not designated as maker or drawer shall nevertheless have the same liabilities with respect thereto as if the licensee had signed the same as the maker or drawer thereof. (b) Each licensee engaged in the business of receiving money for transmission shall be liable for payment of all amounts received for transmission. 5 Del. C. 1953, §  2312;  58 Del. Laws, c. 421;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 19, §  74;
5 DE Code § 2313. (2021)
2021 Delaware Code|Title 5 - Banking|Chapter 23. Sale of Checks and Transmission of Money|§ 2313. Disclosure of responsibility and evidence of receipt.

§ 2313. Disclosure of responsibility and evidence of receipt. (a) Every check sold by a licensee, directly or through an agent, shall bear the name of the licensee clearly imprinted thereon. (b) Every licensee shall furnish a customer with a receipt or other acknowledgment upon receiving funds from such customer. Such receipt or other acknowledgment shall be numbered serially and shall bear the name and address of the licensee. Each licensee who receives money for transmission abroad shall forward such money to the person or bank designated to receive the same within 5 days after receipt thereof, and shall immediately give the person delivering the money for transmission a receipt and his name with the name and address of the licensee printed thereon. The receipt shall state the date when such money was received, the amount thereof, its equivalent in the currency of the country to which it is to be forwarded, and the name and address of the payee. (c) In lieu of the provisions of subsection (b) of this section, every accelerated mortgage payment provider may furnish an annual statement to a mortgagor of the transmittals. Each such statement shall identify the dates money was received for transmission and the amounts thereof, the dates transmittals were made to the lender on behalf of the mortgagor and the amounts thereof and the name and address of the lender or recipient of such transmittals. 5 Del. C. 1953, §  2313;  58 Del. Laws, c. 421;  71 Del. Laws, c. 19, §  75;
5 DE Code § 2314. (2021)
2021 Delaware Code|Title 5 - Banking|Chapter 23. Sale of Checks and Transmission of Money|§ 2314. Examination.

§ 2314. Examination. The Commissioner may examine the business, books and records of the licensee at any time, the reasonable cost of such examination to be paid by licensee. 5 Del. C. 1953, §  2314;  58 Del. Laws, c. 421;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 19, §  76;  73 Del. Laws, c. 24, §  10;
5 DE Code § 2315. (2021)
2021 Delaware Code|Title 5 - Banking|Chapter 23. Sale of Checks and Transmission of Money|§ 2315. Suspension, revocation or surrender of license.

§ 2315. Suspension, revocation or surrender of license. (a) The Commissioner may revoke any license issued hereunder upon finding that:  (1) The licensee has violated any provision of this chapter or any rule or regulation made by the Commissioner under and within the authority of this chapter or of any other law, rule or regulation of this State or the United States; (2) Any fact or condition exists which, if it had existed at the time of the original application for such license, would have warranted the Commissioner in refusing originally to issue such license; or (3) The licensee has engaged in business activities or practices, in connection with any business for which a license is required under this chapter, which could be deemed unfair or deceptive by nature of intent. Such activities and practices include, but are not limited to, the use of tactics which mislead the consumer, misrepresent the consumer transaction or any part thereof, or otherwise create false expectations on the part of the consumer. (b) The Commissioner may temporarily suspend any license pending the issuance of a final order as provided in Chapter 101 of Title 29. (c) Except as provided in subsection (b) of this section, no license shall be revoked or suspended except after notice and an opportunity for the licensee to request a hearing in accordance with Chapter 101 of Title 29. (d) Any licensee may surrender any license by delivering to the Commissioner such license together with written notice that it thereby surrenders such license, but such surrender shall not affect such licensee's civil or criminal liability for acts committed prior to such surrender. (e) No revocation, suspension or surrender of any license shall impair or affect the obligation of any preexisting lawful contract between the licensee and any person. (f) Every license issued hereunder shall remain in force and effect until the same shall have expired or shall have been surrendered, revoked or suspended in accordance with this chapter, but the Commissioner shall have authority to reinstate a suspended license or to issue a new license to a licensee whose license shall have been revoked if no fact or condition then exists which would have warranted the Commissioner in refusing originally to issue such license under this chapter. (g) Whenever the Commissioner shall revoke or suspend a license issued pursuant to this chapter, the Commissioner shall forthwith execute a written order to that effect. The Commissioner shall forthwith serve the written order upon the licensee. Any such order may be reviewed in the manner provided by Chapter 101 of Title 29. 5 Del. C. 1953, §  2315;  58 Del. Laws, c. 421;  73 Del. Laws, c. 24, §  11;  77 Del. Laws, c. 126, §  5;
5 DE Code § 2317. (2021)
2021 Delaware Code|Title 5 - Banking|Chapter 23. Sale of Checks and Transmission of Money|§ 2317. Penalties.

§ 2317. Penalties. Any person who violates any provision of this chapter shall be fined not less than $100 nor more than $500 or imprisoned for not more than 90 days, or both for each such offense. 5 Del. C. 1953, §  2317;  58 Del. Laws, c. 421.;
5 DE Code § 2318. (2021)
2021 Delaware Code|Title 5 - Banking|Chapter 23. Sale of Checks and Transmission of Money|§ 2318. Rules and regulations.

§ 2318. Rules and regulations. The Commissioner may adopt rules and regulations necessary for the administration of this chapter. 5 Del. C. 1953, §  2318;  58 Del. Laws, c. 421.;
5 DE Code § 2319. (2021)
2021 Delaware Code|Title 5 - Banking|Chapter 23. Sale of Checks and Transmission of Money|§ 2319. Multi-state automated licensing system.

§ 2319. 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, the Commissioner may by regulation establish any of the following:  (1) Any additional requirements for a license under this chapter that the Commissioner determines are necessary for participation in the system. (2) Any additional investigation fees, any fees paid directly to the administrator of the system, or any other fee required by the system to process an application or maintain a license, in such amount as the Commissioner determines is necessary to participate in the system. (c) The administrator of any such system in which the Commissioner participates is authorized to act on behalf of the Commissioner to collect from the applicants and licensees subject to the system any payments due the Commissioner under this chapter, to collect information and maintain records in electronic or other format relating to those applicants and licensees, and to submit fingerprints and any other information required for a criminal history background check to the Federal Bureau of Investigation or other law-enforcement agency. (d) Information maintained on any such system in which the Commissioner participates regarding the applicants and licensees subject to the system may be shared with any other state participating in that system for the purpose of licensing, regulating, or supervising that same applicant or licensee under a statute similar to this chapter, if that state could have obtained that same information directly from the applicant or licensee under its own law. The Commissioner shall ensure that the system maintains appropriate confidentiality, privacy, data security, and security breach notification policies that are in full compliance with Delaware law. 82 Del. Laws, c. 78, § 4;
5 DE Code § 2401. (2021)
2021 Delaware Code|Title 5 - Banking|Chapter 24. Mortgage Loan Originators|§ 2401. Title.

§ 2401. Title. This chapter may be cited as the “Delaware Secure and Fair Enforcement for Mortgage Licensing Act of 2009” or “Delaware S.A.F.E. Mortgage Licensing Act of 2009.” 77 Del. Laws, c. 96, §  1;
5 DE Code § 2402. (2021)
2021 Delaware Code|Title 5 - Banking|Chapter 24. Mortgage Loan Originators|§ 2402. Purpose.

§ 2402. Purpose. (a) The activities of mortgage loan originators and the origination or offering of financing for residential real property have a direct, valuable and immediate impact upon Delaware's consumers, Delaware's economy, the neighborhoods and communities of Delaware, and the housing and real estate industry. The General Assembly finds that accessibility to mortgage credit is vital to this State's citizens. The General Assembly also finds that it is essential for the protection of the citizens of Delaware and the stability of Delaware's economy that reasonable standards for licensing and regulation of the business practices of mortgage loan originators be imposed. The General Assembly further finds that the obligations of mortgage loan originators to consumers in connection with originating or making residential mortgage loans are such as to warrant the regulation of the mortgage lending process. The purpose of this chapter is to protect consumers seeking mortgage loans and to ensure that the mortgage lending industry is operating without unfair, deceptive, and fraudulent practices on the part of mortgage loan originators. (b) Therefore, the General Assembly establishes within this chapter an effective system of supervision and enforcement of the mortgage lending industry, including:  (1) The authority to issue licenses to conduct business under this chapter, including the authority to write rules or regulations or adopt procedures necessary to the licensing of persons covered under this chapter; (2) The authority to deny, suspend, condition or revoke licenses issued under this chapter; and (3) The authority to examine, investigate and conduct enforcement actions as necessary to carry out the intended purposes of this chapter, including the authority to subpoena witnesses and documents, enter orders, including cease and desist orders, order restitution and monetary penalties and order the removal and ban of individuals from office or employment.77 Del. Laws, c. 96, §  1;
5 DE Code § 2404. (2021)
2021 Delaware Code|Title 5 - Banking|Chapter 24. Mortgage Loan Originators|§ 2404. License and registration required.

§ 2404. License and registration required. (a) An individual, unless specifically exempted from this chapter under subsection (c) of this section, shall not engage in the business of a mortgage loan originator with respect to any dwelling located in this State without first obtaining and then annually maintaining a license issued by the Commissioner under this chapter. Each licensed mortgage loan originator must register with and maintain a valid unique identifier issued by the Nationwide Mortgage Licensing System and Registry. Every person licensed under this chapter shall be a financial institution for purposes of Part I of this title. (b) In order to facilitate an orderly transition to licensing and minimize disruption in the mortgage marketplace, the effective date for subsection (a) of this section shall be July 31, 2010, or such later date approved by the Secretary of the United States Department of Housing and Urban Development [Dec. 31, 2010], pursuant to the authority granted under United States Public Law 110-289, § 1508(a) [12 U.S.C. § 5107(a)]. (c) The following are exempt from this chapter:  (1) Registered mortgage loan originators, when acting for an entity described in of § 2403(12)a.1., 2., or 3. of this title; (2) Any individual who offers or negotiates terms of a residential mortgage loan with or on behalf of an immediate family member of the individual; (3) Any individual who offers or negotiates terms of a residential mortgage loan secured by a dwelling that served as the individual's residence; and (4) A licensed attorney who negotiates the terms of a residential mortgage loan on behalf of a client as an ancillary matter to the attorney's representation of the client, unless the attorney is compensated by a lender, a mortgage broker, or other mortgage loan originator or by any agent of such lender, mortgage broker, or other mortgage loan originator. (d) A loan processor or underwriter who is an independent contractor may not engage in the activities of a loan processor or underwriter unless such independent contractor loan processor or underwriter obtains and maintains a license under subsection (a) of this section. Each independent contractor loan processor or underwriter licensed as a mortgage loan originator must have and maintain a valid unique identifier issued by the Nationwide Mortgage Licensing System and Registry. (e) For the purposes of implementing an orderly and efficient licensing process, the Commissioner may establish licensing rules or regulations and interim procedures for licensing and acceptance of applications. For previously registered or licensed individuals, the Commissioner may establish expedited review and licensing procedures. 76 Del. Laws, c. 421, §  1;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 96, §  1;
5 DE Code § 2407. (2021)
2021 Delaware Code|Title 5 - Banking|Chapter 24. Mortgage Loan Originators|§ 2407. Prelicensing education.

§ 2407. Prelicensing education. (a) In order to meet the prelicensing education requirement referred to in § 2406(a)(4) of this title, a person shall complete at least 20 hours of education approved in accordance with subsection (b) of this section, which shall include at least:  (1) Three hours of federal law and regulations; (2) Three hours of ethics, which shall include instruction on fraud, consumer protection, and fair lending issues; and (3) Two hours of training related to lending standards for the nontraditional mortgage product marketplace. (b) For purposes of subsection (a) of this section, prelicensing education courses shall be reviewed, and approved by the Nationwide Mortgage Licensing System and Registry based upon reasonable standards. Review and approval of a prelicensing education course shall include review and approval of the course provider. (c) Nothing in this section shall preclude any prelicensing education course, as approved by the Nationwide Mortgage Licensing System and Registry, that is provided by the employer of the applicant or an entity which is affiliated with the applicant by an agency contract, or any subsidiary or affiliate of such employer or entity. (d) Prelicensing education may be offered either in a classroom, online or by any other means approved by the Nationwide Mortgage Licensing System and Registry. (e) The prelicensing education requirements approved by the Nationwide Mortgage Licensing System and Registry in subsection (b) of this section for any other state shall be accepted as credit towards completion of the prelicensing education requirements in this State. (f) A person previously licensed under this chapter subsequent to July 30, 2009, applying to be licensed again must prove that they have completed all of the continuing education requirements for the year in which the license was last held. 76 Del. Laws, c. 421, §  1;  77 Del. Laws, c. 96, §  1;