reglab/housing_qa huggingface dataset:
6 DE Code § 18-1202. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 18. Limited Liability Company Act|Subchapter XII. Statutory Public Benefit Limited Liability Companies|§ 18-1202. Statutory public benefit limited liability company defined; contents of certificate of formation and limited liability company agreement.

§ 18-1202. Statutory public benefit limited liability company defined; contents of certificate of formation and limited liability company agreement. (a) A “statutory public benefit limited liability company” is a for-profit limited liability company formed under and subject to the requirements of this chapter that is intended to produce a public benefit or public benefits and to operate in a responsible and sustainable manner. To that end, a statutory public benefit limited liability company shall be managed in a manner that balances the members' pecuniary interests, the best interests of those materially affected by the limited liability company's conduct, and the public benefit or public benefits set forth in its limited liability company agreement and in its certificate of formation. A statutory public benefit limited liability company shall state in its limited liability company agreement and in the heading of its certificate of formation that it is a statutory public benefit limited liability company and shall set forth in its limited liability company agreement and in its certificate of formation 1 or more specific public benefits to be promoted by the limited liability company. In the event of any inconsistency between the public benefit or benefits to be promoted by the limited liability company as set forth in its limited liability company agreement and in its certificate of formation, the limited liability company agreement shall control as among the members, the managers and other persons who are party to or otherwise bound by the liability company agreement. A manager of a statutory public benefit limited liability company or, if there is no manager, then any member of a statutory public benefit limited liability company who becomes aware that the specific public benefit or benefits to be promoted by the limited liability company as set forth in its limited liability company agreement are inaccurately set forth in its certificate of formation, shall promptly amend the certificate of formation. Any provision in the limited liability company agreement or certificate of formation of a statutory public benefit limited liability company that is inconsistent with this subchapter shall not be effective to the extent of such inconsistency. (b) “Public benefit” means a positive effect (or reduction of negative effects) on 1 or more categories of persons, entities, communities or interests (other than members in their capacities as members) including, but not limited to, effects of an artistic, charitable, cultural, economic, educational, environmental, literary, medical, religious, scientific or technological nature. “Public benefit provisions” means the provisions of a limited liability company agreement contemplated by this subchapter. 81 Del. Laws, c. 357, § 34;  83 Del. Laws, c. 61, § 6;
6 DE Code § 18-1204. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 18. Limited Liability Company Act|Subchapter XII. Statutory Public Benefit Limited Liability Companies|§ 18-1204. Duties of members or managers.

§ 18-1204. Duties of members or managers. (a) The members or managers or other persons with authority to manage or direct the business and affairs of a statutory public benefit limited liability company shall manage or direct the business and affairs of the statutory public benefit limited liability company in a manner that balances the pecuniary interests of the members, the best interests of those materially affected by the limited liability company's conduct, and the specific public benefit or public benefits set forth in its limited liability company agreement and certificate of formation. Unless otherwise provided in a limited liability company agreement, no member, manager or other person with authority to manage or direct the business and affairs of the statutory public benefit limited liability company shall have any liability for monetary damages for the failure to manage or direct the business and affairs of the statutory public benefit limited liability company as provided in this subsection. (b) A member or manager of a statutory public benefit limited liability company or any other person with authority to manage or direct the business and affairs of the statutory public benefit limited liability company shall not, by virtue of the public benefit provisions or § 18-1202(a) of this title, have any duty to any person on account of any interest of such person in the public benefit or public benefits set forth in its limited liability company agreement and certificate of formation or on account of any interest materially affected by the limited liability company's conduct and, with respect to a decision implicating the balance requirement in subsection (a) of this section, will be deemed to satisfy such person's fiduciary duties to members and the limited liability company if such person's decision is both informed and disinterested and not such that no person of ordinary, sound judgment would approve. 81 Del. Laws, c. 357, § 34;  83 Del. Laws, c. 61, § 8;
6 DE Code § 18-1205. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 18. Limited Liability Company Act|Subchapter XII. Statutory Public Benefit Limited Liability Companies|§ 18-1205. Periodic statements and third-party certification.

§ 18-1205. Periodic statements and third-party certification. A statutory public benefit limited liability company shall no less than biennially provide its members with a statement as to the limited liability company's promotion of the public benefit or public benefits set forth in its limited liability company agreement and certificate of formation and as to the best interests of those materially affected by the limited liability company's conduct. The statement shall include:  (1) The objectives that have been established to promote such public benefit or public benefits and interests; (2) The standards that have been adopted to measure the limited liability company's progress in promoting such public benefit or public benefits and interests; (3) Objective factual information based on those standards regarding the limited liability company's success in meeting the objectives for promoting such public benefit or public benefits and interests; and (4) An assessment of the limited liability company's success in meeting the objectives and promoting such public benefit or public benefits and interests.81 Del. Laws, c. 357, § 34;  83 Del. Laws, c. 61, § 9;
6 DE Code § 18-1206. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 18. Limited Liability Company Act|Subchapter XII. Statutory Public Benefit Limited Liability Companies|§ 18-1206. Derivative suits.

§ 18-1206. Derivative suits. Members of a statutory public benefit limited liability company or assignees of limited liability company interests in a statutory public benefit limited liability company owning individually or collectively, as of the date of instituting such derivative suit, at least 2% of the then-current percentage or other interest in the profits of the limited liability company or, in the case of a limited liability company with limited liability company interests listed on a national securities exchange, the lesser of such percentage or limited liability company interests of at least $2,000,000 in market value, may maintain a derivative lawsuit to enforce the requirements set forth in § 18-1204(a) of this title. 81 Del. Laws, c. 357, § 34;
6 DE Code § 18-1207. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 18. Limited Liability Company Act|Subchapter XII. Statutory Public Benefit Limited Liability Companies|§ 18-1207. No effect on other limited liability companies.

§ 18-1207. No effect on other limited liability companies. This subchapter shall not affect a statute or rule of law that is applicable to a limited liability company that is not a statutory public benefit limited liability company. 81 Del. Laws, c. 357, § 34;
6 DE Code § 18-1208. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 18. Limited Liability Company Act|Subchapter XII. Statutory Public Benefit Limited Liability Companies|§ 18-1208. Accomplishment by other means.

§ 18-1208. Accomplishment by other means. The provisions of this subchapter shall not be construed to limit the accomplishment by any other means permitted by law of the formation or operation of a limited liability company that is formed or operated for a public benefit (including a limited liability company that is designated as a public benefit limited liability company) that is not a statutory public benefit limited liability company. 81 Del. Laws, c. 357, § 34;
6 DE Code § 2400B. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 24B. Foreclosure Consultants and Reconveyances|Subchapter I. General Provisions|§ 2400B. Short title.

§ 2400B. Short title. This chapter may be cited as the “Mortgage Rescue Fraud Protection Act.” 76 Del. Laws, c. 419, §  1;
6 DE Code § 2401B. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 24B. Foreclosure Consultants and Reconveyances|Subchapter I. General Provisions|§ 2401B. Purpose.

§ 2401B. Purpose. The purpose of this chapter is to protect homeowners from unfair or deceptive practices by foreclosure consultants or through foreclosure reconveyance agreements. 76 Del. Laws, c. 419, §  1;
6 DE Code § 2403B. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 24B. Foreclosure Consultants and Reconveyances|Subchapter I. General Provisions|§ 2403B. Exempt agreements and persons.

§ 2403B. Exempt agreements and persons. This chapter does not apply to:  (1) An individual admitted to practice law in this State, while performing any activity related to the individual's regular practice of law in this State; (2) A person who holds, or is owed as an obligation secured by, a lien on any residence in default with respect to which the person performs services in connection with the obligation or lien, if the obligation or lien did not arise as a result of a foreclosure reconveyance; (3) A person doing business under any law of this State or the United States, which law regulates banks, trust companies, savings and loan associations, credit unions, insurance companies while performing services as part of the person's normal business activities; (4) A person originating or closing a loan in a person's normal course of business if, as to that loan:  a. The loan is subject to the requirements of the federal Real Estate Settlement Procedures Act, 12 U.S.C. §§ 2601-2617; or b. With respect to any second mortgage or home equity line of credit, the loan is subordinate to, and closed simultaneously with, a qualified first mortgage loan under paragraph (4)a. of this section or is initially payable on the face of the note or contract to an entity included in paragraph (3) of this section; (5) A judgment creditor of the homeowner, if the judgment creditor's claim accrued before the action to foreclose is filed; (6) A title insurer authorized to conduct business in this State while performing title insurance services; (7) A person licensed as a mortgage broker or lender under Title 5 while acting under the authority of that license; (8) A person licensed as a real estate broker or real estate salesperson under the Delaware Code while engaging in any activity for which the person is licensed; (9) A nonprofit organization that offers counseling or advice to homeowners in foreclosure or loan default, if the organization is not directly or indirectly related to, and does not contract for services with, for-profit lenders or foreclosure purchasers; (10) An organization that is licensed to practice debt management services under Chapter 24A of this title while the person engages in any activity for which the organization is licensed; (11) A public corporation, government or governmental subdivision, agency, or instrumentality; or (12) A lien hold mortgagee who takes title through the normal state prescribed foreclosure process or through a deed in lieu of foreclosure.76 Del. Laws, c. 419, §  1;  78 Del. Laws, c. 196, §  6;
6 DE Code § 2404B. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 24B. Foreclosure Consultants and Reconveyances|Subchapter I. General Provisions|§ 2404B. Required language.

§ 2404B. Required language. The disclosures and documents required by this chapter must be in English. If a person communicates with an individual primarily in a language other than English, that person must furnish a translation into the other language of the disclosures and documents required by this chapter. 76 Del. Laws, c. 419, §  1;
6 DE Code § 2414B. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 24B. Foreclosure Consultants and Reconveyances|Subchapter II. Foreclosure Consultants|§ 2414B. Waiver of rights.

§ 2414B. Waiver of rights. Any provision in a foreclosure consulting contract that attempts or purports to waive the homeowner's rights under this chapter, consent to jurisdiction for litigation or choice of law in a state other than this State, consent to a venue in a county other than the county in which the property is located or impose any costs or filing fees greater than the actual costs and fees, is void. 76 Del. Laws, c. 419, §  1;
6 DE Code § 2415B. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 24B. Foreclosure Consultants and Reconveyances|Subchapter II. Foreclosure Consultants|§ 2415B. Prohibited acts.

§ 2415B. Prohibited acts. (a) A foreclosure consultant may not:  (1) Claim, demand, charge, collect, or receive any compensation until after the foreclosure consultant has fully performed each and every service the foreclosure consultant contracted to perform or represented that the foreclosure consultant would perform; (2) Claim, demand, charge, collect, or receive any interest or any other compensation for any loan that the foreclosure consultant makes to the homeowner that exceeds 8% per year; (3) Take any wage assignment, any lien, or any type of real or personal property, or other security to secure the payment of compensation; (4) Receive any consideration from any third party in connection with foreclosure consulting services provided to a homeowner unless the consideration is first fully disclosed in writing to the homeowner; (5) Acquire any interest, directly or indirectly, or by means of a related person, in a residence in default from a homeowner with whom the foreclosure consultant has contracted; (6) Take any power of attorney from a homeowner to enter into a foreclosure consulting contract that does not comply in all respects with this subchapter; or (7) Facilitate or engage in any transaction that is unconscionable under the terms and circumstances of the transaction. (b) No person may engage in any of the activities identified in § 2402B(1) or (3) of this title if such activities are prohibited by § 910 of Title 11. (c) No person may engage in any of the activities identified in § 2402B(1) or (3) of this title for which registration is required under Chapter 24 of this title, unless such person has registered and fulfilled all other applicable requirement of that chapter. 76 Del. Laws, c. 419, §  1;  78 Del. Laws, c. 196, §  8;
6 DE Code § 2424B. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 24B. Foreclosure Consultants and Reconveyances|Subchapter III. Foreclosure Reconveyances|§ 2424B. Waiver of rights.

§ 2424B. Waiver of rights. Any provision in an agreement concerning a foreclosure reconveyance that attempts or purports to waive the homeowner's rights under this chapter, consent to jurisdiction for litigation or choice of law in a state other than this State, consent to a venue in a county other than the county in which the property is located or impose any costs or filing fees greater than the actual costs and fees, is void. 76 Del. Laws, c. 419, §  1;
6 DE Code § 2426B. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 24B. Foreclosure Consultants and Reconveyances|Subchapter III. Foreclosure Reconveyances|§ 2426B. Presumptions, accounting, bona fide purchaser.

§ 2426B. Presumptions, accounting, bona fide purchaser. (a) For the purposes of § 2425B(1)a. of this title, there is a rebuttable presumption that:  (1) A homeowner has a reasonable ability to pay for a subsequent reconveyance of the property if the homeowner's payments for primary housing expenses and regular principal and interest payments on other personal debt, on a monthly basis, do not exceed 60% of the homeowner's monthly gross income; and (2) The foreclosure purchaser has not verified reasonable payment ability if the foreclosure purchaser has not obtained documents other than a statement by the homeowner of assets, liabilities, and income. (b) The foreclosure purchaser shall make a detailed accounting of the basis for the amount of a payment made to the homeowner of a property resold within 18 months after entering into a foreclosure reconveyance agreement in accordance with § 2425B(2)b. of this title. The accounting shall include documentation of expenses and other consideration paid by the foreclosure purchaser and deducted from the resale price. (c) A bona fide purchaser for value or bona fide lender for value who enters into a transaction with a homeowner or a foreclosure purchaser when a foreclosure consulting contract is in effect or during the period when a foreclosure reconveyance may be canceled, without notice of those facts, receives good title to the property, free and clear of the right of the parties to the foreclosure consulting contract or the right of the homeowner to rescind the foreclosure reconveyance. (d) This subchapter may not be construed to impose any duty on a purchaser, title insurer, or title insurance producer with respect to the application of the proceeds of a sale of property by a foreclosure purchaser. 76 Del. Laws, c. 419, §  1;
6 DE Code § 2427B. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 24B. Foreclosure Consultants and Reconveyances|Subchapter IV. Enforcement and Remedies|§ 2427B. Enforcement.

§ 2427B. Enforcement. (a) The Attorney General shall have the same authority to enforce and carry out this chapter as is granted by Chapter 25 of Title 29 and by §§ 2511-2527 and 2531-2536 of this title. (b) If a court or tribunal of competent jurisdiction finds that any person has wilfully violated this chapter, the Attorney General, upon petition to the court or tribunal, shall recover from the person, on behalf of the State, in addition to all costs, a civil penalty of not more than $10,000 per violation pursuant to § 2533 of this title. If the violation is against an elder person or person with a disability or an additional civil penalty of not more than $10,000 per violation shall be recovered pursuant to § 2581 of this title. Each day that a wilful violation continues shall be considered a separate violation. (c) For the purpose of this chapter, a wilful violation occurs when the party committing the violation knew or should have known that the party's conduct was of the nature prohibited by this chapter. 76 Del. Laws, c. 419, §  1;  77 Del. Laws, c. 282, §  17;  79 Del. Laws, c. 371, §  1;
6 DE Code § 2428B. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 24B. Foreclosure Consultants and Reconveyances|Subchapter IV. Enforcement and Remedies|§ 2428B. Remedies, penalties, and violation of order or injunction.

§ 2428B. Remedies, penalties, and violation of order or injunction. (a) A person engages in a deceptive trade practice and is subject to the remedies available in § 2533 of this title when, in the course, of such person's business, vocation, or occupation, such person violates any provision of this chapter. (b) Any homeowner who brings an action under this chapter may be awarded monetary damages by a court of competent jurisdiction. (c) A person who violates any order or injunction issued pursuant to this chapter is subject to the provisions of § 2598 [repealed] of this title. (d) A person who violates any provision of this chapter shall be guilty of a class A misdemeanor. 76 Del. Laws, c. 419, §  1;
6 DE Code § 2429B. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 24B. Foreclosure Consultants and Reconveyances|Subchapter IV. Enforcement and Remedies|§ 2429B. Remedies and penalties not exclusive.

§ 2429B. Remedies and penalties not exclusive. The remedies and penalties provided for in this chapter are not exclusive and shall be in addition to any other procedures, rights or remedies which exist with respect to any other provisions of law including but not limited to state and/or federal criminal prosecutions and/or actions brought by private parties. 76 Del. Laws, c. 419, §  1;
6 DE Code § 2501. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 25. Prohibited Trade Practices|Subchapter I. General Provisions|§ 2501. Falsely advertising goods as property of an insolvent or as damaged.

§ 2501. Falsely advertising goods as property of an insolvent or as damaged. No person engaged in the sale of any goods, wares or merchandise within the State shall publicly and falsely, and with intent to deceive the general buying public, advertise or otherwise represent that the goods, wares or merchandise are or were either in whole or in part the property of any insolvent or bankrupt or the assignee of any insolvent or bankrupt, or that such goods, wares or merchandise were either in whole or in part damaged by fire or accident of any kind. 18 Del. Laws, c. 661;  20 Del. Laws, c. 70;  20 Del. Laws, c. 571;  26 Del. Laws, c. 207;  Code 1915, §  3580;  Code 1935, §  4074;  6 Del. C. 1953, §  2501;
6 DE Code § 2502. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 25. Prohibited Trade Practices|Subchapter I. General Provisions|§ 2502. Sale of goods in Wilmington as a removed stock or in other than regular business manner.

§ 2502. Sale of goods in Wilmington as a removed stock or in other than regular business manner. No person shall engage in the sale of any goods, wares or merchandise, within the corporate limits of the City of Wilmington, which have been brought to that city or consigned to any person in that city, for the purpose of the special sale thereof, as a removed stock of goods, or for the purpose of any sale thereof in any other than a regular business manner, by regular established merchants of that city. This section shall not prevent any person from embarking in the regular business of a merchant by any other method than those herein or elsewhere in the laws of this State prohibited, and this section shall not apply to goods and chattels shipped to Wilmington from other points of the State. 18 Del. Laws, c. 661;  20 Del. Laws, c. 70;  20 Del. Laws, c. 571;  26 Del. Laws, c. 207;  Code 1915, §  3580;  Code 1935, §  4074;  6 Del. C. 1953, §  2502;
6 DE Code § 2503. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 25. Prohibited Trade Practices|Subchapter I. General Provisions|§ 2503. Penalties; presumption of intent to deceive.

§ 2503. Penalties; presumption of intent to deceive. Whoever violates § 2501 or § 2502 of this title shall be fined $100. Upon the trial of any person for such violation, the intent to deceive the general buying public shall be presumed where proof is made of a public and false advertisement or representation. 18 Del. Laws, c. 661;  20 Del. Laws, c. 70;  20 Del. Laws, c. 571;  26 Del. Laws, c. 207;  Code 1915, §  3580;  Code 1935, §  4074;  6 Del. C. 1953, §  2503;