reglab/housing_qa huggingface dataset:
7 DE Code § 9123. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 91. Delaware Hazardous Substance Cleanup Act|Subchapter II. Brownfields Development Program|§ 9123. Definitions.

§ 9123. Definitions. As used in this subchapter:  (1) “Brownfields developer” shall mean a person who, with respect to a facility:  a. Proposes to conduct investigations and/or development activity at a facility that is a certified brownfield, and seeks to enter into a Brownfields Development Agreement with the Secretary; b. At the time of application for a Brownfields Development Agreement, is not liable for a release or imminent threat of release at the facility under § 9105(a)(1)-(6) of this title; and c. Is not affiliated with any other person that is liable for a release or imminent threat of release at the facility, within the meaning of § 9105(c)(4)b.5. of this title. (2) “Brownfields Development Agreement” means an agreement between the Secretary and a brownfield developer with respect to a certified brownfield that sets forth a scope and schedule of activities to assess and respond to the actual, threatened, or perceived release of hazardous substances at the facility. (3) “Certified brownfield” means a brownfield, as defined in § 9103(3) of this title, that the Secretary has certified pursuant to the regulations governing hazardous substance cleanup. (4) “Existing environmental condition” means all known or discovered releases of hazardous substances which are found to be, or to have been, existing at or in the vicinity of the facility prior to a person entering into a Brownfields Development Agreement with the Secretary. (5) “Plan(s)” means any workplan or workplans as required by the Secretary for the performance of an investigation and/or remedy of a site.74 Del. Laws, c. 409, §  4;
7 DE Code § 9124. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 91. Delaware Hazardous Substance Cleanup Act|Subchapter II. Brownfields Development Program|§ 9124. Secretary's powers and duties.

§ 9124. Secretary's powers and duties. The Secretary may exercise the following powers in addition to any other powers granted by law:  (1) The Secretary may plan, study or conduct, or permit a brownfields developer or other persons to plan, study or conduct, appropriate actions at a certified brownfield to perform a remedy of a release, imminent threat of release, or where there may be a reasonably held perception of a release or imminent threat of a release. (2) The Secretary shall, after notice and public hearing, promulgate and revise regulations as deemed necessary for the implementation and administration of this subchapter.74 Del. Laws, c. 409, §  4;
7 DE Code § 9126. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 91. Delaware Hazardous Substance Cleanup Act|Subchapter II. Brownfields Development Program|§ 9126. Public notice; public comment.

§ 9126. Public notice; public comment. (a) The Secretary shall provide public notice within 20 days after entering into negotiations for a Brownfields Development Agreement. Such public notice shall be published in a newspaper of general circulation in the county in which the facility is located. Such notice shall also be provided to:  (1) All elected members of the General Assembly in whose district such facility or any part thereof lies; (2) If the facility or any part thereof is located within the boundaries of any municipality, then such notice shall also be given to the governing body of all municipalities in which the facility or any part thereof lies; (3) In the event the facility or any part thereof is not located within the boundaries of a municipality, then such notice shall also be given to the governing body of the county in which the facility or any part thereof lies; and (4) The governing body of any civic, neighborhood or similar association in which the facility or any part thereof lies, provided that such association makes itself known to the Department and provides a legal mailing address. (b) The Secretary shall provide public notice within 20 days after entering into a Brownfields Development Agreement. Such notice shall provide for a 20-day written comment period. (c) Upon receiving a request following the entry of the Department into a Brownfields Development Agreement, the Secretary shall conduct a public meeting to provide the public information regarding the proposed project, in or near the area where the facility is located. 74 Del. Laws, c. 409, §  4;
8 DE Code § 101. (2021)
2021 Delaware Code|Title 8 - Corporations|Chapter 1. General Corporation Law|Subchapter I. Formation|§ 101. Incorporators; how corporation formed; purposes.

§ 101. Incorporators; how corporation formed; purposes. (a) Any person, partnership, association or corporation, singly or jointly with others, and without regard to such person's or entity's residence, domicile or state of incorporation, may incorporate or organize a corporation under this chapter by filing with the Division of Corporations in the Department of State a certificate of incorporation which shall be executed, acknowledged and filed in accordance with § 103 of this title. (b) A corporation may be incorporated or organized under this chapter to conduct or promote any lawful business or purposes, except as may otherwise be provided by the Constitution or other law of this State. (c) Corporations for constructing, maintaining and operating public utilities, whether in or outside of this State, may be organized under this chapter, but corporations for constructing, maintaining and operating public utilities within this State shall be subject to, in addition to this chapter, the special provisions and requirements of Title 26 applicable to such corporations. 8 Del. C. 1953, §  101;  56 Del. Laws, c. 50;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 587, §  1;  71 Del. Laws, c. 339, §  1;
8 DE Code § 104. (2021)
2021 Delaware Code|Title 8 - Corporations|Chapter 1. General Corporation Law|Subchapter I. Formation|§ 104. Certificate of incorporation; definition.

§ 104. Certificate of incorporation; definition. The term “certificate of incorporation,” as used in this chapter, unless the context requires otherwise, includes not only the original certificate of incorporation filed to create a corporation but also all other certificates, agreements of merger or consolidation, plans of reorganization, or other instruments, howsoever designated, which are filed pursuant to § 102, §§ 133-136, § 151, §§ 241-243, § 245, §§ 251-258, §§ 263-264, § 267, § 303, §§ 311-313, or any other section of this title, and which have the effect of amending or supplementing in some respect a corporation's certificate of incorporation. 8 Del. C. 1953, §  104;  56 Del. Laws, c. 50;  67 Del. Laws, c. 376, §  2;  69 Del. Laws, c. 61, §  2;  77 Del. Laws, c. 290, §  1;  80 Del. Laws, c. 265, § 1;
8 DE Code § 105. (2021)
2021 Delaware Code|Title 8 - Corporations|Chapter 1. General Corporation Law|Subchapter I. Formation|§ 105. Certificate of incorporation and other certificates; evidence.

§ 105. Certificate of incorporation and other certificates; evidence. A copy of a certificate of incorporation, or a restated certificate of incorporation, or of any other certificate which has been filed in the office of the Secretary of State as required by any provision of this title shall, when duly certified by the Secretary of State, be received in all courts, public offices and official bodies as prima facie evidence of:  (1) Due execution, acknowledgment and filing of the instrument; (2) Observance and performance of all acts and conditions necessary to have been observed and performed precedent to the instrument becoming effective; and (3) Any other facts required or permitted by law to be stated in the instrument.8 Del. C. 1953, §  105;  56 Del. Laws, c. 50;  70 Del. Laws, c. 587, §  7;
8 DE Code § 106. (2021)
2021 Delaware Code|Title 8 - Corporations|Chapter 1. General Corporation Law|Subchapter I. Formation|§ 106. Commencement of corporate existence.

§ 106. Commencement of corporate existence. Upon the filing with the Secretary of State of the certificate of incorporation, executed and acknowledged in accordance with § 103 of this title, the incorporator or incorporators who signed the certificate, and such incorporator's or incorporators' successors and assigns, shall, from the date of such filing, be and constitute a body corporate, by the name set forth in the certificate, subject to § 103(d) of this title and subject to dissolution or other termination of its existence as provided in this chapter. 8 Del. C. 1953, §  106;  56 Del. Laws, c. 50;  71 Del. Laws, c. 339, §  6;
8 DE Code § 107. (2021)
2021 Delaware Code|Title 8 - Corporations|Chapter 1. General Corporation Law|Subchapter I. Formation|§ 107. Powers of incorporators.

§ 107. Powers of incorporators. If the persons who are to serve as directors until the first annual meeting of stockholders have not been named in the certificate of incorporation, the incorporator or incorporators, until the directors are elected, shall manage the affairs of the corporation and may do whatever is necessary and proper to perfect the organization of the corporation, including the adoption of the original bylaws of the corporation and the election of directors. 8 Del. C. 1953, §  107;  56 Del. Laws, c. 50.;
8 DE Code § 109. (2021)
2021 Delaware Code|Title 8 - Corporations|Chapter 1. General Corporation Law|Subchapter I. Formation|§ 109. Bylaws.

§ 109. Bylaws. (a) The original or other bylaws of a corporation may be adopted, amended or repealed by the incorporators, by the initial directors of a corporation other than a nonstock corporation or initial members of the governing body of a nonstock corporation if they were named in the certificate of incorporation, or, before a corporation other than a nonstock corporation has received any payment for any of its stock, by its board of directors. After a corporation other than a nonstock corporation has received any payment for any of its stock, the power to adopt, amend or repeal bylaws shall be in the stockholders entitled to vote. In the case of a nonstock corporation, the power to adopt, amend or repeal bylaws shall be in its members entitled to vote. Notwithstanding the foregoing, any corporation may, in its certificate of incorporation, confer the power to adopt, amend or repeal bylaws upon the directors or, in the case of a nonstock corporation, upon its governing body. The fact that such power has been so conferred upon the directors or governing body, as the case may be, shall not divest the stockholders or members of the power, nor limit their power to adopt, amend or repeal bylaws. (b) The bylaws may contain any provision, not inconsistent with law or with the certificate of incorporation, relating to the business of the corporation, the conduct of its affairs, and its rights or powers or the rights or powers of its stockholders, directors, officers or employees. The bylaws may not contain any provision that would impose liability on a stockholder for the attorneys' fees or expenses of the corporation or any other party in connection with an internal corporate claim, as defined in § 115 of this title. 8 Del. C. 1953, §  109;  56 Del. Laws, c. 50;  59 Del. Laws, c. 437, §  1;  77 Del. Laws, c. 253, §  8;  80 Del. Laws, c. 40, §  3;
8 DE Code § 111. (2021)
2021 Delaware Code|Title 8 - Corporations|Chapter 1. General Corporation Law|Subchapter I. Formation|§ 111. Jurisdiction to interpret, apply, enforce or determine the validity of corporate instruments and provisions of this title. [For application of this section, see 80 Del. Laws, c. 265, § 17].

§ 111. Jurisdiction to interpret, apply, enforce or determine the validity of corporate instruments and provisions of this title. [For application of this section, see 80 Del. Laws, c. 265, § 17]. (a) Any civil action to interpret, apply, enforce or determine the validity of the provisions of:  (1) The certificate of incorporation or the bylaws of a corporation; (2) Any instrument, document or agreement (i) by which a corporation creates or sells, or offers to create or sell, any of its stock, or any rights or options respecting its stock, or (ii) to which a corporation and 1 or more holders of its stock are parties, and pursuant to which any such holder or holders sell or offer to sell any of such stock, or (iii) by which a corporation agrees to sell, lease or exchange any of its property or assets, and which by its terms provides that 1 or more holders of its stock approve of or consent to such sale, lease or exchange; (3) Any written restrictions on the transfer, registration of transfer or ownership of securities under § 202 of this title; (4) Any proxy under § 212 or § 215 of this title; (5) Any voting trust or other voting agreement under § 218 of this title; (6) Any agreement, certificate of merger or consolidation, or certificate of ownership and merger governed by §§ 251-253, §§ 255-258, §§ 263-264, or § 267 of this title; (7) Any certificate of conversion under § 265 or § 266 of this title; (8) Any certificate of domestication, transfer or continuance under § 388, § 389 or § 390 of this title; or (9) Any other instrument, document, agreement, or certificate required by any provision of this title; may be brought in the Court of Chancery, except to the extent that a statute confers exclusive jurisdiction on a court, agency or tribunal other than the Court of Chancery. (b) Any civil action to interpret, apply or enforce any provision of this title may be brought in the Court of Chancery. 72 Del. Laws, c. 123, §  2;  74 Del. Laws, c. 84, §  1;  77 Del. Laws, c. 290, §  2;  80 Del. Laws, c. 265, § 2;
8 DE Code § 112. (2021)
2021 Delaware Code|Title 8 - Corporations|Chapter 1. General Corporation Law|Subchapter I. Formation|§ 112. Access to proxy solicitation materials.

§ 112. Access to proxy solicitation materials. The bylaws may provide that if the corporation solicits proxies with respect to an election of directors, it may be required, to the extent and subject to such procedures or conditions as may be provided in the bylaws, to include in its proxy solicitation materials (including any form of proxy it distributes), in addition to individuals nominated by the board of directors, 1 or more individuals nominated by a stockholder. Such procedures or conditions may include any of the following:  (1) A provision requiring a minimum record or beneficial ownership, or duration of ownership, of shares of the corporation's capital stock, by the nominating stockholder, and defining beneficial ownership to take into account options or other rights in respect of or related to such stock; (2) A provision requiring the nominating stockholder to submit specified information concerning the stockholder and the stockholder's nominees, including information concerning ownership by such persons of shares of the corporation's capital stock, or options or other rights in respect of or related to such stock; (3) A provision conditioning eligibility to require inclusion in the corporation's proxy solicitation materials upon the number or proportion of directors nominated by stockholders or whether the stockholder previously sought to require such inclusion; (4) A provision precluding nominations by any person if such person, any nominee of such person, or any affiliate or associate of such person or nominee, has acquired or publicly proposed to acquire shares constituting a specified percentage of the voting power of the corporation's outstanding voting stock within a specified period before the election of directors; (5) A provision requiring that the nominating stockholder undertake to indemnify the corporation in respect of any loss arising as a result of any false or misleading information or statement submitted by the nominating stockholder in connection with a nomination; and (6) Any other lawful condition.77 Del. Laws, c. 14, §  1;
8 DE Code § 113. (2021)
2021 Delaware Code|Title 8 - Corporations|Chapter 1. General Corporation Law|Subchapter I. Formation|§ 113. Proxy expense reimbursement.

§ 113. Proxy expense reimbursement. (a) The bylaws may provide for the reimbursement by the corporation of expenses incurred by a stockholder in soliciting proxies in connection with an election of directors, subject to such procedures or conditions as the bylaws may prescribe, including:  (1) Conditioning eligibility for reimbursement upon the number or proportion of persons nominated by the stockholder seeking reimbursement or whether such stockholder previously sought reimbursement for similar expenses; (2) Limitations on the amount of reimbursement based upon the proportion of votes cast in favor of 1 or more of the persons nominated by the stockholder seeking reimbursement, or upon the amount spent by the corporation in soliciting proxies in connection with the election; (3) Limitations concerning elections of directors by cumulative voting pursuant to § 214 of this title; or (4) Any other lawful condition. (b) No bylaw so adopted shall apply to elections for which any record date precedes its adoption. 77 Del. Laws, c. 14, §  2;
8 DE Code § 114. (2021)
2021 Delaware Code|Title 8 - Corporations|Chapter 1. General Corporation Law|Subchapter I. Formation|§ 114. Application of chapter to nonstock corporations.

§ 114. Application of chapter to nonstock corporations. (a) Except as otherwise provided in subsections (b) and (c) of this section, the provisions of this chapter and of chapter 5 of this title shall apply to nonstock corporations in the manner specified in the following paragraphs (a)(1)-(4) of this section:  (1) All references to stockholders of the corporation shall be deemed to refer to members of the corporation; (2) All references to the board of directors of the corporation shall be deemed to refer to the governing body of the corporation; (3) All references to directors or to members of the board of directors of the corporation shall be deemed to refer to members of the governing body of the corporation; and (4) All references to stock, capital stock, or shares thereof of a corporation authorized to issue capital stock shall be deemed to refer to memberships of a nonprofit nonstock corporation and to membership interests of any other nonstock corporation. (b) Subsection (a) of this section shall not apply to:  (1) Sections 102(a)(4), (b)(1) and (2), 109(a), 114, 141, 154, 215, 228, 230(b), 241, 242, 253, 254, 255, 256, 257, 258, 271, 276, 311, 312, 313, 390, and 503 of this title, which apply to nonstock corporations by their terms; (2) Sections 102(f), 109(b) (last sentence), 151, 152, 153, 155, 156, 157(d), 158, 161, 162, 163, 164, 165, 166, 167, 168, 203, 211, 212, 213, 214, 216, 219, 222, 231, 243, 244, 251, 252, 267, 274, 275, 324, 364, 366(a), 391 and 502(a)(5) of this title; and (3) Subchapter XIV and subchapter XVI of this chapter. (c) In the case of a nonprofit nonstock corporation, subsection (a) of this section shall not apply to:  (1) The sections and subchapters listed in subsection (b) of this section; (2) Sections 102(b)(3), 111(a)(2) and (3), 144(a)(2), 217, 218(a) and (b), and 262 of this title; and (3) Subchapter V, subchapter VI (other than §§  204 and 205 of this title) and subchapter XV of this chapter. (d) For purposes of this chapter:  (1) A “charitable nonstock corporation” is any nonprofit nonstock corporation that is exempt from taxation under § 501(c)(3) of the United States Internal Revenue Code [26 U.S.C. § 501(c)(3)], or any successor provisions. (2) A “membership interest” is, unless otherwise provided in a nonstock corporation's certificate of incorporation, a member's share of the profits and losses of a nonstock corporation, or a member's right to receive distributions of the nonstock corporation's assets, or both; (3) A “nonprofit nonstock corporation” is a nonstock corporation that does not have membership interests; and (4) A “nonstock corporation” is any corporation organized under this chapter that is not authorized to issue capital stock.77 Del. Laws, c. 253, §  9;  77 Del. Laws, c. 290, §  3;  79 Del. Laws, c. 72, §§  1, 2;  79 Del. Laws, c. 122, §§  3-5;  80 Del. Laws, c. 40, §  4;  81 Del. Laws, c. 354, §§ 2, 3;
8 DE Code § 115. (2021)
2021 Delaware Code|Title 8 - Corporations|Chapter 1. General Corporation Law|Subchapter I. Formation|§ 115. Forum selection provisions.

§ 115. Forum selection provisions. The certificate of incorporation or the bylaws may require, consistent with applicable jurisdictional requirements, that any or all internal corporate claims shall be brought solely and exclusively in any or all of the courts in this State, and no provision of the certificate of incorporation or the bylaws may prohibit bringing such claims in the courts of this State. “Internal corporate claims” means claims, including claims in the right of the corporation, (i) that are based upon a violation of a duty by a current or former director or officer or stockholder in such capacity, or (ii) as to which this title confers jurisdiction upon the Court of Chancery. 80 Del. Laws, c. 40, §  5;
8 DE Code § 121. (2021)
2021 Delaware Code|Title 8 - Corporations|Chapter 1. General Corporation Law|Subchapter II. Powers|§ 121. General powers.

§ 121. General powers. (a) In addition to the powers enumerated in § 122 of this title, every corporation, its officers, directors and stockholders shall possess and may exercise all the powers and privileges granted by this chapter or by any other law or by its certificate of incorporation, together with any powers incidental thereto, so far as such powers and privileges are necessary or convenient to the conduct, promotion or attainment of the business or purposes set forth in its certificate of incorporation. (b) Every corporation shall be governed by the provisions and be subject to the restrictions and liabilities contained in this chapter. 8 Del. C. 1953, §  121;  56 Del. Laws, c. 50.;
8 DE Code § 123. (2021)
2021 Delaware Code|Title 8 - Corporations|Chapter 1. General Corporation Law|Subchapter II. Powers|§ 123. Powers respecting securities of other corporations or entities.

§ 123. Powers respecting securities of other corporations or entities. Any corporation organized under the laws of this State may guarantee, purchase, take, receive, subscribe for or otherwise acquire; own, hold, use or otherwise employ; sell, lease, exchange, transfer or otherwise dispose of; mortgage, lend, pledge or otherwise deal in and with, bonds and other obligations of, or shares or other securities or interests in, or issued by, any other domestic or foreign corporation, partnership, association or individual, or by any government or agency or instrumentality thereof. A corporation while owner of any such securities may exercise all the rights, powers and privileges of ownership, including the right to vote. 8 Del. C. 1953, §  123;  56 Del. Laws, c. 50.;