reglab/housing_qa huggingface dataset:
5 DE Code § 847. (2021)
2021 Delaware Code|Title 5 - Banking|Chapter 8. Acquisition of Interests in Banking Institutions; Bank Holding Companies|Subchapter IV. Acquisition of Stock in Delaware Banks and Bank Holding Companies|§ 847. Powers of an acquired bank.

§ 847. Powers of an acquired bank. Except as to subchapter I of this chapter, nothing contained in this chapter shall be construed as abridging the rights, powers and authorities granted to any bank acquired under any subchapter of this chapter by its charter, the provisions of this title or any other current, former or future law of the State governing the formation, conversion, merger, corporate powers, branching, operation or dissolution of a bank. 66 Del. Laws, c. 32, §  1;  70 Del. Laws, c. 112, §§  40-42;
5 DE Code § 851. (2021)
2021 Delaware Code|Title 5 - Banking|Chapter 8. Acquisition of Interests in Banking Institutions; Bank Holding Companies|Subchapter V. Regulation of Delaware Bank Holding Companies|§ 851. Definitions.

§ 851. Definitions. As used in this subchapter:  (1) “Bank holding company” means a company, as defined by the federal Bank Holding Company Act of 1956 (12 U.S.C. § 1841 et seq.), which is or becomes a bank holding company within the provisions of the federal act including, without limitation, its provisions for determining what constitutes control. (2) “Institution” means a national bank whose principal place of business is located in Delaware or a Delaware-chartered bank or bank and trust company. (3) “Delaware bank holding company” means a bank holding company with bank subsidiaries whose operations are principally conducted in Delaware. For the purposes of this subchapter, the operations of a bank holding company's subsidiaries are principally located in this State if the total deposits of all such subsidiaries in this State are greater than in any other state.66 Del. Laws, c. 25, §  1;
5 DE Code § 852. (2021)
2021 Delaware Code|Title 5 - Banking|Chapter 8. Acquisition of Interests in Banking Institutions; Bank Holding Companies|Subchapter V. Regulation of Delaware Bank Holding Companies|§ 852. Becoming a bank holding company.

§ 852. Becoming a bank holding company. (a) Except as provided in 12 U.S.C. § 1842, subchapters I, II, III and IV of this chapter, and Chapter 7 of this title, no bank holding company other than a Delaware bank holding company may control a Delaware institution. (b) Any corporation intending to become a Delaware bank holding company shall file an application with the Commissioner for approval to acquire an institution. The application shall contain such information as the Commissioner may by regulation require, shall, if not a Delaware corporation, designate a resident of the State as the applicant's agent for the service of any paper, notice of legal process on the applicant in connection with matters arising out of this subchapter and shall be accompanied by a filing fee in the amount of $5,750 for the use of the State and a nonrefundable processing fee in such amount as the Commissioner shall from time to time fix by regulation, payable to and for the use of the Office of the Bank Commissioner. (c) In determining whether or not to approve such acquisition by a Delaware bank holding company, the Commissioner shall consider:  (1) The financial and the managerial resources of the Delaware bank holding company; (2) The future prospects of the bank holding company and the bank whose assets or shares it will acquire; (3) The financial history of the bank holding company; (4) Whether such acquisition or holding may result in undue concentration of resources or substantial lessening of competition within this State; and (5) The convenience and needs of the public of this State.66 Del. Laws, c. 25, §  1;  68 Del. Laws, c. 303, §  19;  70 Del. Laws, c. 112, §  43;  71 Del. Laws, c. 19, §  37;
5 DE Code § 854. (2021)
2021 Delaware Code|Title 5 - Banking|Chapter 8. Acquisition of Interests in Banking Institutions; Bank Holding Companies|Subchapter V. Regulation of Delaware Bank Holding Companies|§ 854. Reports.

§ 854. Reports. A Delaware bank holding company shall file with the Commissioner upon the Commissioner's request copies of all regular and periodic reports which a bank holding company is required to file under the federal Bank Holding Company Act of 1956 [12 U.S.C. § 1841 et seq.] or under § 13 or § 15(d) of the Securities and Exchange Act of 1934, as amended [15 U.S.C. § 78m or § 78o(d)], but excluding any portions not available to the public. 66 Del. Laws, c. 25, §  1;  70 Del. Laws, c. 112, §  44;
5 DE Code § 855. (2021)
2021 Delaware Code|Title 5 - Banking|Chapter 8. Acquisition of Interests in Banking Institutions; Bank Holding Companies|Subchapter V. Regulation of Delaware Bank Holding Companies|§ 855. Supervision and examination.

§ 855. Supervision and examination. The Commissioner shall have supervision over all Delaware bank holding companies and shall have the right to examine all such companies, including their nonbank subsidiaries. The costs of the examination shall be assessed against and paid by the company in an amount to be set by regulation of the Commissioner. The examination authorized by this section shall be conducted jointly, concurrently or in lieu of examinations made by a federal bank regulatory agency. The Commissioner shall use, to the extent deemed feasible, filings and reports made by the company to federal or other State bank regulatory authority pursuant to a written agreement providing for the exchange of reports of examination between the Commissioner and the federal or other State bank regulatory authority. 66 Del. Laws, c. 25, §  1;
5 DE Code § 856. (2021)
2021 Delaware Code|Title 5 - Banking|Chapter 8. Acquisition of Interests in Banking Institutions; Bank Holding Companies|Subchapter V. Regulation of Delaware Bank Holding Companies|§ 856. Nonexclusivity.

§ 856. Nonexclusivity. Nothing in this subchapter or any law of this State shall be deemed to prohibit or limit a Delaware bank holding company from acquiring a bank or bank holding company located in any jurisdiction which acquisition is otherwise permitted by applicable law of the United States and any state. 66 Del. Laws, c. 25, §  1;
5 DE Code § 857. (2021)
2021 Delaware Code|Title 5 - Banking|Chapter 8. Acquisition of Interests in Banking Institutions; Bank Holding Companies|Subchapter V. Regulation of Delaware Bank Holding Companies|§ 857. Bank Commissioner cooperative agreements.

§ 857. Bank Commissioner cooperative agreements. Prior to approving the acquisition by any Delaware bank holding company of any bank located in another state or bank holding company, the Commissioner may enter into cooperative agreements with the appropriate regulatory authorities for the periodic examinations of any out-of-state bank holding company or bank acquired by a Delaware bank holding company and may accept reports of examination and other records from such authorities in lieu of conducting his own examination. The Commissioner may enter into joint actions with other regulatory authorities having concurrent jurisdiction over any out-of-state bank holding company or bank acquired by a Delaware bank holding company or may take such actions independently to carry out his responsibilities under this subchapter to assure the safety and soundness of any Delaware bank and to assure compliance with applicable Delaware banking laws. 66 Del. Laws, c. 25, §  1;
5 DE Code § 861. (2021)
2021 Delaware Code|Title 5 - Banking|Chapter 8. Acquisition of Interests in Banking Institutions; Bank Holding Companies|Subchapter VI. Regulation of Delaware Savings and Loan Holding Companies|§ 861. Definitions.

§ 861. Definitions. As used in this subchapter:  (1) “Delaware savings and loan holding company” means a savings and loan holding company (as defined in the Home Owners' Loan Act, as amended, at 12 U.S.C. § 1467a) located in Delaware that owns or controls a Delaware savings bank. (2) “Delaware savings bank” means a savings bank organized and existing under the laws of this State that is not a bank as defined in § 2(c) of the Bank Holding Company Act of 1956, as amended, 12 U.S.C. § 1841(c). (3) “Located” has the meaning specified in § 831 of this title.71 Del. Laws, c. 25, §  32;
5 DE Code § 862. (2021)
2021 Delaware Code|Title 5 - Banking|Chapter 8. Acquisition of Interests in Banking Institutions; Bank Holding Companies|Subchapter VI. Regulation of Delaware Savings and Loan Holding Companies|§ 862. Becoming a Delaware savings and loan holding company.

§ 862. Becoming a Delaware savings and loan holding company. (a) Any corporation intending to become a Delaware savings and loan holding company shall file an application with the Commissioner for approval to acquire a Delaware savings bank. The application shall contain such information as the Commissioner may by regulation require, shall, if not a Delaware corporation, designate a resident of the State as the applicant's agent for the service of any paper or notice of legal process on the applicant in connection with matters arising out of this subchapter and shall be accompanied by a filing fee in the amount of $5,750 for the use of the State and a nonrefundable investigation fee in such amount as the Commissioner shall from time to time fix by regulation, payable to and for the use of the office of the Bank Commissioner. (b) In determining whether or not to approve such acquisition by a Delaware savings and loan holding company, the Commissioner shall consider:  (1) The financial and the managerial resources of the Delaware savings and loan holding company; (2) The future prospects of the Delaware savings and loan holding company and the Delaware savings bank whose assets or shares it will acquire; (3) The financial history of the Delaware savings and loan holding company; (4) Whether such acquisition or holding may result in undue concentration of resources or substantial lessening of competition within this State; and (5) The convenience and needs of the public of this State.71 Del. Laws, c. 25, §  32;
5 DE Code § 863. (2021)
2021 Delaware Code|Title 5 - Banking|Chapter 8. Acquisition of Interests in Banking Institutions; Bank Holding Companies|Subchapter VI. Regulation of Delaware Savings and Loan Holding Companies|§ 863. Reports.

§ 863. Reports. A Delaware savings and loan holding company shall file with the Commissioner, upon the Commissioner's request, copies of all regular and periodic reports which a savings and loan holding company is required to file under the Home Owners' Loan Act, as amended [12 U.S.C. § 1461 et seq.] or under § 13 or § 15(d) of the Securities and Exchange Act of 1934, as amended [15 U.S.C. § 78m or § 78o(d)], but excluding any portions not available to the public. 71 Del. Laws, c. 25, §  32;
5 DE Code § 864. (2021)
2021 Delaware Code|Title 5 - Banking|Chapter 8. Acquisition of Interests in Banking Institutions; Bank Holding Companies|Subchapter VI. Regulation of Delaware Savings and Loan Holding Companies|§ 864. Supervision and examination.

§ 864. Supervision and examination. The Commissioner shall have supervision over all Delaware savings and loan holding companies and shall have the right to examine all such companies, including their nonbank subsidiaries. The costs of the examination shall be assessed against and paid by the company in an amount to be set by regulation of the Commissioner. The examination authorized by this section may be conducted jointly, concurrently or in lieu of examinations made by a federal bank regulatory agency. The Commissioner may use, to the extent deemed feasible, filings and reports made by the company to federal or other State bank regulatory authority pursuant to a written agreement providing for the exchange of reports of examination between the Commissioner and the federal or other State bank regulatory authority. 71 Del. Laws, c. 25, §  32;
5 DE Code § 865. (2021)
2021 Delaware Code|Title 5 - Banking|Chapter 8. Acquisition of Interests in Banking Institutions; Bank Holding Companies|Subchapter VI. Regulation of Delaware Savings and Loan Holding Companies|§ 865. Nonexclusivity.

§ 865. Nonexclusivity. Nothing in this subchapter or any law of this State shall be deemed to prohibit or limit a Delaware savings and loan holding company from making an acquisition that is otherwise permitted by applicable law of the United States and any state. 71 Del. Laws, c. 25, §  32;
5 DE Code § 866. (2021)
2021 Delaware Code|Title 5 - Banking|Chapter 8. Acquisition of Interests in Banking Institutions; Bank Holding Companies|Subchapter VI. Regulation of Delaware Savings and Loan Holding Companies|§ 866. Bank Commissioner cooperative agreements.

§ 866. Bank Commissioner cooperative agreements. The Commissioner may enter into cooperative agreements or joint actions with other regulatory authorities to carry out the Commissioner's responsibilities under this subchapter and to assure the safety and soundness of any Delaware savings bank and to assure compliance with applicable Delaware banking laws. 71 Del. Laws, c. 25, §  32;  70 Del. Laws, c. 186, §  1;
5 DE Code § 901. (2021)
2021 Delaware Code|Title 5 - Banking|Chapter 9. Regulations Governing Business of Banks and Trust Companies|Subchapter I. General Provisions|§ 901. Corporate charter to do business as bank or trust company.

§ 901. Corporate charter to do business as bank or trust company. No banking business or the business of a trust company shall be conducted within this State except under a corporate charter valid in this State authorizing the conduct of such business in this State. 32 Del. Laws, c. 103, §  2;  Code 1935, §  2290;  5 Del. C. 1953, §  901;
5 DE Code § 902. (2021)
2021 Delaware Code|Title 5 - Banking|Chapter 9. Regulations Governing Business of Banks and Trust Companies|Subchapter I. General Provisions|§ 902. Certificate required to transact business or open place of business.

§ 902. Certificate required to transact business or open place of business. No bank or trust company not actively engaged in business in this State prior to January 1, 1933, shall transact any business in this State or open a place of business in this State without having first secured from the State Bank Commissioner a certificate authorizing it to begin the transaction of business and to open a place of business in this State. 32 Del. Laws, c. 103, §§  3, 22;  38 Del. Laws, c. 93, §  1(8);  Code 1935, §§  2291, 2310;  5 Del. C. 1953, §  902;
5 DE Code § 903. (2021)
2021 Delaware Code|Title 5 - Banking|Chapter 9. Regulations Governing Business of Banks and Trust Companies|Subchapter I. General Provisions|§ 903. Issuance of certificate to transact business.

§ 903. Issuance of certificate to transact business. (a) The Commissioner shall not give any certificate required by § 902 of this title until satisfied by proper evidence that all the requirements of the charter of the corporation applying for the certificate and all the requirements of this Code and any other laws of this State applicable to such a case have been complied with and that the whole capital stock has been fully paid in cash, unless the charter shall expressly provide otherwise. (b) No certificate shall be issued until the corporation has filed with the Commissioner a duly certified copy of its charter and all amendments thereof, and a copy of its bylaws; and thereafter the corporation shall file with the Commissioner a duly certified copy of every subsequent amendment of its charter and of every subsequent amendment of its bylaws and a failure to file within 30 days after any amendment of its charter or bylaws has been effected, shall render the corporation liable to a penalty of $50 to be sued for by the Commissioner in the name of the State if the Commissioner considers such failure to have been wilful. (c) A fee of $5,750 for every certificate shall be required by the Commissioner before issuing the same. (d) In addition, the applicant shall pay an investigation fee of $1,150 which shall not be refundable and shall be submitted with the application. 32 Del. Laws, c. 103, §§  3, 22;  38 Del. Laws, c. 93, §  1(8);  Code 1935, §§  2291, 2310;  5 Del. C. 1953, §  903;  62 Del. Laws, c. 247, §§  1, 2;  68 Del. Laws, c. 303, §  20;  70 Del. Laws, c. 186, §  1;
5 DE Code § 904. (2021)
2021 Delaware Code|Title 5 - Banking|Chapter 9. Regulations Governing Business of Banks and Trust Companies|Subchapter I. General Provisions|§ 904. Reports to Commissioner.

§ 904. Reports to Commissioner. (a) Every bank and trust company shall make and transmit to the State Bank Commissioner at least 4 reports during each year, according to the form which may be prescribed by the Commissioner, verified by the oaths or affirmations of the president or vice-president, and cashier, or treasurer or secretary of the corporation, and attested by the signatures of at least 2 directors. Each report shall exhibit under appropriate heads the resources and liabilities of the corporation at the close of business on any day past specified by the Commissioner, and shall be transmitted to the Commissioner within 30 days after the receipt of a request or requisition therefor. (b) The Commissioner shall have power to call for special reports whenever in the Commissioner's judgment the same are necessary. The Commissioner may require a separate report as to each department or subsidiary of any bank or trust company. (c) The making of reports to the Commissioner under this section shall be in lieu of the making of reports to any other state official except for the purpose of assessment or taxation. 32 Del. Laws, c. 103, §  7;  Code 1935, §  2295;  5 Del. C. 1953, §  904;  61 Del. Laws, c. 82, §  1;  66 Del. Laws, c. 27, §  8;  70 Del. Laws, c. 112, §  45;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 19, §§  39, 40;
5 DE Code § 905. (2021)
2021 Delaware Code|Title 5 - Banking|Chapter 9. Regulations Governing Business of Banks and Trust Companies|Subchapter I. General Provisions|§ 905. Reports by national banks, federal savings associations and out-of-state banks.

§ 905. Reports by national banks, federal savings associations and out-of-state banks. National banks, out-of-state banks (as defined in § 795 of this title) having one or more branch offices in this State, and federal savings associations (as defined in the Home Owners' Loan Act, as amended, 12 U.S.C. § 1461 et seq.) doing business in this State shall make and transmit to the State Bank Commissioner reports according to the form which may be prescribed by the Commissioner when the Commissioner calls upon such banks for the reports; the object and purpose of such reports being the public good and not the regulation of said banks. The Commissioner shall have power to call for special reports whenever in the Commissioner's judgment the same are necessary. 32 Del. Laws, c. 103, §  7;  Code 1935, §  2295;  5 Del. C. 1953, §  905;  70 Del. Laws, c. 112, §§  46, 47;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 254, §  13;
5 DE Code § 906. (2021)
2021 Delaware Code|Title 5 - Banking|Chapter 9. Regulations Governing Business of Banks and Trust Companies|Subchapter I. General Provisions|§ 906. Failure to make reports; penalty.

§ 906. Failure to make reports; penalty. Every bank or trust company failing to comply with §§ 904 and 905 of this title shall be subject to a penalty of $25 for each day that it continues in such failure; unless the Commissioner is satisfied that such failure was not wilful. Any penalty that may be imposed by the Commissioner hereunder shall be paid to the State Treasurer for deposit in the General Fund. 32 Del. Laws, c. 103, §  7;  Code 1935, §  2295;  5 Del. C. 1953, §  906;  70 Del. Laws, c. 6, §§  3, 4;
5 DE Code § 908. (2021)
2021 Delaware Code|Title 5 - Banking|Chapter 9. Regulations Governing Business of Banks and Trust Companies|Subchapter I. General Provisions|§ 908. Value at which assets shall be carried on books.

§ 908. Value at which assets shall be carried on books. No bank or trust company shall carry on its books any of its assets at a sum in excess of the cost value thereof except by and with the written consent of the State Bank Commissioner. 32 Del. Laws, c. 103, §  11;  Code 1935, §  2299;  5 Del. C. 1953, §  908;
5 DE Code § 908A. (2021)
2021 Delaware Code|Title 5 - Banking|Chapter 9. Regulations Governing Business of Banks and Trust Companies|Subchapter I. General Provisions|§ 908A. Bank distinct from bank insurance department or division.

§ 908A. Bank distinct from bank insurance department or division. The assets of any bank or trust company shall be liable for and applicable to the payment and satisfaction of the liabilities, obligations and expenses of such bank or trust company only, and not to those liabilities, obligations and expenses of any insurance department or division of such bank or trust company established pursuant to § 767(a) or § 1662(b)(1) of this title. The liabilities, obligations and expenses of any such bank or trust company shall be applied against and paid and satisfied out of the assets of such bank or trust company only, and not out of the assets of any insurance department or division of such bank or trust company established pursuant to § 767(a) or § 1662(b)(1) of this title. 67 Del. Laws, c. 223, §  8;  71 Del. Laws, c. 25, §  33;
5 DE Code § 910. (2021)
2021 Delaware Code|Title 5 - Banking|Chapter 9. Regulations Governing Business of Banks and Trust Companies|Subchapter I. General Provisions|§ 910. Investment limitations.

§ 910. Investment limitations. No bank or trust company shall invest more than 25 percent of its total capital, surplus and undivided profits in the stock, bonds or other obligations of any 1 corporation or political entity or political division except bonds or other obligations of or guaranteed by the United States or any agency or instrumentality thereof including, without limitation, obligations of the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation and public housing authorities, or obligations of the State or its municipalities, subdivisions, agencies or instrumentalities; provided, that:  (1) The limitation on investment in this section shall not apply to the investment by a bank or trust company in 1 or more subsidiaries; (2) The underwriting of or dealing in stocks, bonds, debentures, notes or other securities, or certificates of deposit or bankers' acceptances, shall not constitute an investment within the meaning of this section; (3) No bank or trust company which engages in activities authorized by § 761(a)(14) or § 1661(a)(14) of this title through subsidiaries or divisions shall initially allocate more than 25 percent of its total capital, surplus and undivided profits in the aggregate to all such subsidiaries or divisions, or shall thereafter allocate to all such subsidiaries or divisions (i) in any 1 year, without the approval of the Commissioner, any amount in excess of 3 percent of its total capital, surplus and undivided profits or (ii) in any event, any amount in excess of 25 percent of its then current total capital, surplus and undivided profits in the aggregate; and (4) No bank or trust company which engages in activities authorized by § 761(a)(14) or § 1661(a)(14) of this title through subsidiaries or divisions shall allocate any of its total capital, surplus or undivided profits to any such subsidiaries or divisions unless such allocations are “unimpaired” within the meaning of Title 18 and free of all liens and encumbrances.32 Del. Laws, c. 103, §  13;  Code 1935, §  2301;  5 Del. C. 1953, §  910;  61 Del. Laws, c. 93, §  1;  65 Del. Laws, c. 256, §§  1, 2;  66 Del. Laws, c. 27, §  9;  67 Del. Laws, c. 223, §  10;  69 Del. Laws, c. 165, §  23;  71 Del. Laws, c. 25, §  34;
5 DE Code § 911. (2021)
2021 Delaware Code|Title 5 - Banking|Chapter 9. Regulations Governing Business of Banks and Trust Companies|Subchapter I. General Provisions|§ 911. Ownership of real estate used for transaction of business.

§ 911. Ownership of real estate used for transaction of business. Section 762 of this title shall be applicable to all banks and trust companies of this State, except with respect to the investment or expenditure of money prior to July 1, 1933. 32 Del. Laws, c. 103, §  16;  38 Del. Laws, c. 93, §  1(6);  Code 1935, §  2304;  5 Del. C. 1953, §  911;