reglab/housing_qa huggingface dataset:
5 DE Code § 968. (2021)
2021 Delaware Code|Title 5 - Banking|Chapter 9. Regulations Governing Business of Banks and Trust Companies|Subchapter III. Bank Closed End Credit|§ 968. Delinquent installments.

§ 968. Delinquent installments. If the agreement governing a loan so provides, a bank may impose, as interest, a late or delinquency charge upon any outstanding unpaid installment payments or portions thereof under the loan agreement which are in default; provided, however, that in the case of a loan to an individual borrower, no such late or delinquency charge may be charged or imposed unless the agreement governing, or the bond, note or other evidence of, the loan so provides and that no more than 1 such late or delinquency charge may be imposed in respect of any single such installment payment or portion thereof regardless of the period during which it remains in default; and provided further, however, that for the purpose only of the preceding proviso all payments by the borrower shall be deemed to be applied to satisfaction of installment payments in the order in which they become due. Nothing contained in this section shall limit, restrict or otherwise affect the right of a bank under and pursuant to §§ 963 and 964 of this title to change the periodic percentage rate or rates of interest applicable to the loan agreement between the bank and a borrower upon the occurrence of a delinquency or default or other failure of the borrower to perform in accordance with the terms of the loan agreement. 63 Del. Laws, c. 2, §  5;  66 Del. Laws, c. 283, §  18;  68 Del. Laws, c. 303, §  24;  71 Del. Laws, c. 19, §  52;
5 DE Code § 970. (2021)
2021 Delaware Code|Title 5 - Banking|Chapter 9. Regulations Governing Business of Banks and Trust Companies|Subchapter III. Bank Closed End Credit|§ 970. Refinancing.

§ 970. Refinancing. (a) An individual borrower may, with the consent of the bank, refinance the entire outstanding and unpaid amount of a loan, and the bank may charge and collect, as interest, a refinancing charge in connection with any such refinancing. (b) For the purposes of this section, the entire outstanding and unpaid amount of a loan shall be deemed to be:  (1) If the interest and charges in respect of the loan were not taken in advance, the total of the unpaid balance and the accrued and unpaid interest and charges on the date of refinancing; or (2) If the interest and charges on the loan were precomputed and taken in advance, the amount which the borrower would have been required to pay upon prepayment on the date of refinancing pursuant to § 969 of this title governing refund upon prepayment.63 Del. Laws, c. 2, §  5;  66 Del. Laws, c. 283, §  19;
5 DE Code § 971. (2021)
2021 Delaware Code|Title 5 - Banking|Chapter 9. Regulations Governing Business of Banks and Trust Companies|Subchapter III. Bank Closed End Credit|§ 971. Attorney's fees; costs.

§ 971. Attorney's fees; costs. In the event an individual borrower defaults under the terms of a loan, the bank may, if such borrower's account is referred to an attorney (not a regularly salaried employee of the bank) or to a third party for collection and if the agreement governing, or the bond, note or other evidence of, the loan so provides, charge and collect from the borrower a reasonable attorney's fee. In addition, following an individual borrower's default, the bank may, if the agreement governing, or the bond, note or other evidence of, the loan so provides, recover from such borrower all court, alternative dispute resolution or other collection costs (including, without limitation, fees and charges of collection agencies) actually incurred by the bank. 63 Del. Laws, c. 2, §  5;  66 Del. Laws, c. 283, §  20;  72 Del. Laws, c. 15, §  14;
5 DE Code § 972. (2021)
2021 Delaware Code|Title 5 - Banking|Chapter 9. Regulations Governing Business of Banks and Trust Companies|Subchapter III. Bank Closed End Credit|§ 972. Loans to other than individual borrowers.

§ 972. Loans to other than individual borrowers. This subchapter shall not be deemed to prohibit a bank, in connection with a loan to other than an individual borrower, from:  (1) Extending or deferring the scheduled payment of all or any portion of any installment or installments payable under such loan; (2) Permitting prepayment or refinancing of such loan in whole or in part; (3) Charging and collecting any charges in connection with the matters referred to in subdivisions (1) and (2) of this section; or (4) Charging and collecting late or delinquency charges, attorneys' fees or collection charges.63 Del. Laws, c. 2, §  5;
5 DE Code § 973. (2021)
2021 Delaware Code|Title 5 - Banking|Chapter 9. Regulations Governing Business of Banks and Trust Companies|Subchapter III. Bank Closed End Credit|§ 973. Application of other state laws.

§ 973. 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 made in accordance with this subchapter. 63 Del. Laws, c. 2, §  5;
5 DE Code § 974. (2021)
2021 Delaware Code|Title 5 - Banking|Chapter 9. Regulations Governing Business of Banks and Trust Companies|Subchapter III. Bank Closed End Credit|§ 974. Nonexclusivity; captions.

§ 974. Nonexclusivity; captions. (a) The provisions of this subchapter are not exclusive and a bank 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 subchapter are inserted only as a matter of convenience and for reference and do not, and shall not be construed to, define, limit, extend or describe the scope of this subchapter or the meaning or intent of any section hereof. 63 Del. Laws, c. 2, §  5;
5 DE Code § 975. (2021)
2021 Delaware Code|Title 5 - Banking|Chapter 9. Regulations Governing Business of Banks and Trust Companies|Subchapter III. Bank Closed End Credit|§ 975. Materiality of terms.

§ 975. Materiality of terms. All terms, conditions and other provisions of and relating to any extension of closed end credit as contained in this subchapter or in the agreement governing, or the bond, note or other evidence of the loan (other than those which are interest under this subchapter), including, without limitation, provisions relating to the method of calculating interest, reasons for default and the right to cure any default, rights to accelerate, choice of law, rights to charge and collect attorney's fees, court and collection costs, repayment schedule, balloon payments, loan term and the refunding of unearned interest or insurance charges, shall be and hereby are deemed to be material to the determination of interest under Delaware law, under the most favored lender doctrine, and under § 85 (12 U.S.C. § 85) of the National Bank Act or § 521 of the Depository Institutions Deregulation and Monetary Control Act of 1980 (12 U.S.C. § 1831d). 66 Del. Laws, c. 283, §  23;
5 DE Code § 976. (2021)
2021 Delaware Code|Title 5 - Banking|Chapter 9. Regulations Governing Business of Banks and Trust Companies|Subchapter III. Bank Closed End Credit|§ 976. Governing law.

§ 976. Governing law. The agreement governing, or the bond, note or other evidence of a loan between a bank and an individual borrower shall be governed by the laws of this State. 66 Del. Laws, c. 283, §  24;
5 DE Code § 977. (2021)
2021 Delaware Code|Title 5 - Banking|Chapter 9. Regulations Governing Business of Banks and Trust Companies|Subchapter III. Bank Closed End Credit|§ 977. Commissioner's regulations.

§ 977. Commissioner's regulations. The State Bank Commissioner may prescribe regulations to carry out the purpose of this chapter. 66 Del. Laws, c. 403, §  2;
5 DE Code § 978. (2021)
2021 Delaware Code|Title 5 - Banking|Chapter 9. Regulations Governing Business of Banks and Trust Companies|Subchapter III. Bank Closed End Credit|§ 978. Short-term consumer loans.

§ 978. 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) No bank, trust company or savings bank shall make more than 4 rollovers of an existing short-term consumer loan. A bank, trust company or savings bank may, following not more than the maximum allowable number of rollovers, enter into a workout agreement with the borrower or take such other actions as are lawful to collect any outstanding and unpaid indebtedness. (2) No bank, trust company or savings bank shall make a short-term consumer loan unless such loan is subject to a right of recission on the part of the individual borrower. (3) No bank, trust company or savings bank shall pursue or threaten to pursue criminal action against an individual borrower in connection with the nonpayment of any amount due, including the unpaid return of any check or automated clearinghouse transaction. (b) In addition to such other disclosure requirements as are imposed pursuant to other provisions of this subchapter, short-term consumer loans shall be subject to the following: No bank, trust company or savings bank shall make a short-term consumer loan unless the application for such loan, which application shall be written in both English and Spanish, contains a written disclosure, conspicuously displayed, that:  (1) The loan is designed as a short-term cash flow solution and not designed as a solution for longer term financial problems; (2) Additional fees may accrue if the loan is rolled over; and (3) Credit counseling services are available to consumers experiencing financial problems. (c) Nothing in this section prohibits a lender from refinancing the principal amount of a short-term consumer loan, subject to the limitations and requirements imposed herein. (d) The Commissioner is authorized to promulgate rules and regulations to exempt certain loans or classes of loans from the requirements of this section. 73 Del. Laws, c. 398, §  2;
5 DE Code § 1401. (2021)
2021 Delaware Code|Title 5 - Banking|Chapter 14. Foreign Banks|Subchapter I. Foreign Bank Branches, Foreign Bank Limited Purpose Branches and Foreign Bank Agencies|§ 1401. Scope; construction.

§ 1401. Scope; construction. This subchapter deals with conditions under which foreign banks may transact business in this State; it shall not be construed to limit the powers granted to any bank in this State to conduct its business. 65 Del. Laws, c. 444, §  6;
5 DE Code § 1402. (2021)
2021 Delaware Code|Title 5 - Banking|Chapter 14. Foreign Banks|Subchapter I. Foreign Bank Branches, Foreign Bank Limited Purpose Branches and Foreign Bank Agencies|§ 1402. When foreign banks may transact business in this State.

§ 1402. When foreign banks may transact business in this State. (a) No foreign banks shall transact a banking business or maintain in this State an office for carrying on such business or any part thereof, except as otherwise provided in subchapter III of this chapter, unless such foreign bank has:  (1) Been authorized by the laws under which it was organized and by its charter to carry on such business; (2) Furnished to the Commissioner such proof as to the nature and character of its business and as to its financial condition as the Commissioner may require; and (3) Filed with the Commissioner an application containing the information required by § 1403 of this title and received a certificate of authority duly issued to it by the Commissioner as provided in § 1403 of this title. (b) This section shall not be construed to prohibit foreign banks which do not maintain an office in this State for the transaction of the business from:  (1) Making loans or issuing letters of credit in this State secured by mortgages on real property, nor from contracting in this State with a banking organization to acquire from or through such banking organization a part interest or the entire interest in a loan or evidence of debt which such banking organization has heretofore or hereafter made, purchased or acquired, for its own account or otherwise, together with a like interest in any security or in any security instrument proposed to be given or heretofore or hereafter given to secure or evidence such loan or evidence of debt; (2) Enforcing in this State obligations heretofore or hereafter acquired by it in the transaction of business outside of this State, or in the transaction of any business authorized by this section; (3) Acquiring, holding, leasing, mortgaging, contracting with respect to, or otherwise protecting or conveying property in this State heretofore or hereafter assigned, transferred, mortgaged or conveyed to it as security for, or in whole or part, satisfaction of a loan or loans made by it or obligations made by it or obligations acquired by it in the transaction of business outside of this State, or in the transaction of any business authorized by this section; or (4) Issuing letters of credit or otherwise guaranteeing the obligations of the State or any agency or political subdivision thereof.65 Del. Laws, c. 444, §  6;  71 Del. Laws, c. 254, §  17;
5 DE Code § 1406. (2021)
2021 Delaware Code|Title 5 - Banking|Chapter 14. Foreign Banks|Subchapter I. Foreign Bank Branches, Foreign Bank Limited Purpose Branches and Foreign Bank Agencies|§ 1406. Reports of foreign bank; penalties.

§ 1406. Reports of foreign bank; penalties. (a) Every foreign bank holding a certificate of authority pursuant to this subchapter shall at such times and in such form as the Commissioner shall prescribe, make written reports to the Commissioner under the oath of 1 of its officers, managers or agents transacting business in this State, showing the amount of its assets and liabilities and containing such other matters as the Commissioner shall prescribe. If any such foreign bank shall fail to make such report as directed by the Commissioner, or if any such report shall contain any false statement knowingly made, the same shall be grounds for revocation of the foreign bank's certificate of authority. (b) Each foreign bank holding a certificate of authority pursuant to this subchapter shall cause to be kept, at its place of business in this State, correct and complete books and records of account of its business operations transacted by such foreign bank branch, foreign bank limited purpose branch or foreign bank agency, and shall make such records available to the Commissioner, upon request, at any time during regular business hours of the foreign bank branch, foreign bank limited purpose branch or foreign bank agency. Such foreign bank branch, foreign bank limited purpose branch or foreign bank agency shall also make available to the Commissioner, upon request, current copies of the charter and bylaws of the foreign bank, and minutes of the proceedings of its directors or committees relative to the operations of the foreign bank branch, foreign bank limited purpose branch or foreign bank agency. Any failure to keep such records as aforesaid or any refusal to produce such records or other documents upon request by the Commissioner shall be grounds for revocation of the foreign bank's certificate of authority. 65 Del. Laws, c. 444, §  6;  70 Del. Laws, c. 112, §  73;  72 Del. Laws, c. 35, §  13;
5 DE Code § 1407. (2021)
2021 Delaware Code|Title 5 - Banking|Chapter 14. Foreign Banks|Subchapter I. Foreign Bank Branches, Foreign Bank Limited Purpose Branches and Foreign Bank Agencies|§ 1407. Rules, regulations and orders.

§ 1407. Rules, regulations and orders. In addition to any other authority granted under this title, the Commissioner may adopt rules and regulations and issue orders under this subchapter for the following purposes:  (1) To prescribe information or forms required in connection with an application pursuant to § 1403(a) of this title; (2) To authorize permissible activities of foreign bank branches, foreign bank limited purpose branches or foreign bank agencies pursuant to § 1404 of this title; (3) To prescribe the nature and amount of assets required to be maintained in this State pursuant to § 1405 of this title and to establish procedures governing the determination thereof; (4) To establish procedures in connection with approvals pursuant to §§ 1403 and 1408 of this title and the filing of required reports pursuant to § 1406 of this title; and (5) To issue orders under § 1410 of this title and establish procedures governing such issuances.65 Del. Laws, c. 444, §  6;  70 Del. Laws, c. 112, §§  74, 75;  72 Del. Laws, c. 35, §  14;
5 DE Code § 1408. (2021)
2021 Delaware Code|Title 5 - Banking|Chapter 14. Foreign Banks|Subchapter I. Foreign Bank Branches, Foreign Bank Limited Purpose Branches and Foreign Bank Agencies|§ 1408. Change of location, name or business; transfer or assignment of certificate of authority.

§ 1408. Change of location, name or business; transfer or assignment of certificate of authority. (a) Any foreign bank holding a certificate of authority pursuant to this subchapter may make a written application to the Commissioner for leave to do 1 or more of the following:  (1) To change its place of business from the place designated in the certificate of authority to another place in this State. An application for such change shall be accompanied by a filing fee of $500. (2) To change its corporate name or the duration of its corporate existence if such change has been effected under the laws under which it was organized. (b) No certificate of authority issued by the Commissioner pursuant to this subchapter shall be transferable or assignable without approval by the Commissioner. 65 Del. Laws, c. 444, §  6;  71 Del. Laws, c. 254, §  21;
5 DE Code § 1409. (2021)
2021 Delaware Code|Title 5 - Banking|Chapter 14. Foreign Banks|Subchapter I. Foreign Bank Branches, Foreign Bank Limited Purpose Branches and Foreign Bank Agencies|§ 1409. Termination of existence.

§ 1409. Termination of existence. In the event a foreign bank holding a certificate of authority pursuant to this subchapter is dissolved or its authority or existence is otherwise terminated or cancelled under the laws under which it was organized, a certificate of the official responsible for maintaining records of banks of the jurisdiction of organization of such foreign bank attesting to the occurrence of any such event, or a certified copy of an order or decree of a court of such jurisdiction directing the dissolution of such foreign bank, the termination of its existence or the cancellation of its authority shall be delivered to the Commissioner. The filing of the certificate, order or decree shall have the same effect as the revocation of its certificate of authority under § 1410 of this title. The Commissioner shall continue as agent of the foreign bank upon whom process against it may be served in connection with matters out of this subchapter prior to the filing of such certificate, order or decree. 65 Del. Laws, c. 444, §  6;
5 DE Code § 1410. (2021)
2021 Delaware Code|Title 5 - Banking|Chapter 14. Foreign Banks|Subchapter I. Foreign Bank Branches, Foreign Bank Limited Purpose Branches and Foreign Bank Agencies|§ 1410. Revocation of certificate of authority.

§ 1410. Revocation of certificate of authority. (a) Upon the determination of the Commissioner that any foreign bank holding a certificate of authority pursuant to this subchapter is engaging in any activity not permitted by § 1404 of this title or is not in a safe and satisfactory condition; then, in any such event, the Commissioner may issue an order to such foreign bank requiring it by a date certain to take the steps set forth in such order to cure such violation. (b) Upon the determination of the Commissioner, after due notice and an opportunity to be heard has been afforded, that any foreign bank holding a certificate of authority pursuant to this subchapter has failed to timely comply with any order issued under subsection (a) of this section, the Commissioner shall, by order effective no earlier than 10 nor later than 30 days after issuance, revoke such foreign bank's certificate of authority. Upon the effective date of such order, and so long as such order has not been suspended or set aside pursuant to subsection (c) of this section or withdrawn by the Commissioner, such foreign bank shall cease all business activity of any kind conducted by such foreign bank branch, foreign bank limited purpose branch or foreign bank agency. (c) The Court of Chancery of the State shall have exclusive original jurisdiction of any judicial review of an order issued under subsection (b) of this section, any other provision of law notwithstanding. Such review may be sought by the foreign bank affected at any time within 1 year of the date of such order. Review of such an order shall be de novo and such order will be specifically enforced by the Court of Chancery upon a final determination that at the time of its issuance the order was valid in all respects. The Court of Chancery, may, in the exercise of its equitable jurisdiction in appropriate cases, suspend the operation of an order issued under subsection (b) of this section while judicial review of such order proceeds. An order issued under subsection (a) of this section shall not be subject to judicial review. 65 Del. Laws, c. 444, §  6;  70 Del. Laws, c. 112, §  76;  71 Del. Laws, c. 254, §  22;  72 Del. Laws, c. 35, §  15;
5 DE Code § 1411. (2021)
2021 Delaware Code|Title 5 - Banking|Chapter 14. Foreign Banks|Subchapter I. Foreign Bank Branches, Foreign Bank Limited Purpose Branches and Foreign Bank Agencies|§ 1411. Applicability of other laws.

§ 1411. Applicability of other laws. Every foreign bank holding a certificate of authority pursuant to this subchapter shall be deemed and held to be subject to this title and any other law or laws of this State making provision for the regulation of banks and trust companies where the same are not inconsistent with the express provisions of this subchapter including, without limitation, §§ 131 and 132 of this title. Notwithstanding the foregoing, every foreign bank holding a certificate of authority pursuant to this subchapter shall be exempt from the requirements of and any prohibitions contained in subchapter XVI of Chapter 1 of Title 8; and the prohibition of § 901 of this title shall not apply to a foreign bank holding a certificate of authority pursuant to this subchapter. 65 Del. Laws, c. 444, §  6;  79 Del. Laws, c. 122, §  9;
5 DE Code § 1412. (2021)
2021 Delaware Code|Title 5 - Banking|Chapter 14. Foreign Banks|Subchapter I. Foreign Bank Branches, Foreign Bank Limited Purpose Branches and Foreign Bank Agencies|§ 1412. Actions maintained by foreign bank.

§ 1412. Actions maintained by foreign bank. In maintaining any suit, action or proceeding in this State, a foreign bank holding a certificate of authority pursuant to this subchapter shall maintain such suit, action or proceeding in like manner and subject to the same limitations as are applicable in the case of a suit, action or proceeding maintained by a domestic banking organization, except as otherwise prescribed by statute. 65 Del. Laws, c. 444, §  6;