reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 19. DELAWARE UNIFORM UNIN- CORPORATED NONPROFIT ASSOCIATION ACT › § 1907. Capacity to assert and defend; standing.

§ 1907. Capacity to assert and defend; standing.
(a) A nonprofit association, in its name, may institute, defend, intervene or participate in a judicial, administrative or other governmental proceeding or in an arbitration, mediation or any other form of alternative dispute resolution.
(b) A nonprofit association may assert a claim in its name on behalf of its members if 1 or more members of the nonprofit association have standing to assert a claim in their own right, the interests the nonprofit association seeks to protect are germane to its purposes and neither the claim asserted nor the relief requested requires the participation of a member.
71 Del. Laws, c. 79, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 19. DELAWARE UNIFORM UNIN- CORPORATED NONPROFIT ASSOCIATION ACT › § 1909. Disposition of personal property of inactive nonprofit association.

§ 1909. Disposition of personal property of inactive nonprofit association.
If a nonprofit association has been inactive for 3 years or longer, a person in possession or control of personal property of the nonprofit association may transfer the property:
(1) If a document of a nonprofit association specifies a person to whom transfer is to be made under these circumstances, to that person; or
(2) If no person is so specified, to a nonprofit association or nonprofit corporation pursuing broadly similar purposes or to a government or governmental subdivision, agency or instrumentality.
71 Del. Laws, c. 79, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 19. DELAWARE UNIFORM UNIN- CORPORATED NONPROFIT ASSOCIATION ACT › § 1910. Appointment of agent to receive service of process.

§ 1910. Appointment of agent to receive service of process.
(a) A nonprofit association may file in the office of the Secretary of State a statement appointing an agent authorized to receive service of process.
(b) A statement appointing an agent must set forth:
(1) The name of the nonprofit association;
(2) The address in this State, including the street address, if any, of the nonprofit association or, if the nonprofit association does not have an address in this State, its address out of state; and
(3) The name of the person in this State authorized to receive service of process and the person's address, including the street address, in this State.
(c) A statement appointing an agent must be signed and acknowledged by a person authorized to manage the affairs of a nonprofit association. The statement must also be signed and acknowledged by the person appointed agent, who thereby accepts the appointment. The appointed agent may resign by filing a resignation in the office of the Secretary of State and giving notice to the nonprofit association.
(d) A filing officer may collect a fee for filing a statement appointing an agent to receive service of process, an amendment or a resignation in the amount charged for filing similar documents.
(e) An amendment to a statement appointing an agent to receive service of process must meet the requirements for execution of an original statement.
71 Del. Laws, c. 79, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 19. DELAWARE UNIFORM UNIN- CORPORATED NONPROFIT ASSOCIATION ACT › § 1911. Claim not abated by change of members or officers.

§ 1911. Claim not abated by change of members or officers.
A claim for relief against a nonprofit association does not abate merely because of a change in its members or persons authorized to manage the affairs of the nonprofit association.
71 Del. Laws, c. 79, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 19. DELAWARE UNIFORM UNIN- CORPORATED NONPROFIT ASSOCIATION ACT › § 1913. Summons and complaint; service on whom.

§ 1913. Summons and complaint; service on whom.
In an action or proceeding against a nonprofit association, a summons and complaint must be served on an agent authorized by appointment to receive service of process, an officer, managing or general agent, or a person authorized to participate in the management of its affairs. If none of them can be served, service may be made on a member.
71 Del. Laws, c. 79, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 19. DELAWARE UNIFORM UNIN- CORPORATED NONPROFIT ASSOCIATION ACT › § 1914. Uniformity of application and construction.

§ 1914. Uniformity of application and construction.
This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.
71 Del. Laws, c. 79, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 19. DELAWARE UNIFORM UNIN- CORPORATED NONPROFIT ASSOCIATION ACT › § 1916. Transition concerning real and personal property.

§ 1916. Transition concerning real and personal property.
(a) If, before June 25, 1997, an estate or interest in real or personal property was purportedly transferred to a nonprofit association, on June 25, 1997, the estate or interest vests in the nonprofit association unless the parties have treated the transfer as ineffective.
(b) If, before June 25, 1997, the transfer vested the estate or interest in another person to hold the estate or interest as a fiduciary for the benefit of the nonprofit association, its members, or both, on or after June 25, 1997, the fiduciary may transfer the estate or interest to the nonprofit association in its name, or the nonprofit association, by appropriate proceedings, may require that the estate or interest be transferred to it in its name.
71 Del. Laws, c. 79, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 20. TRADE SECRETS › § 2001. Definitions.

§ 2001. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
(1) “Improper means” shall include theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means.
(2) “Misappropriation” shall mean:
a. Acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means; or
b. Disclosure or use of a trade secret of another without express or implied consent by a person who:
1. Used improper means to acquire knowledge of the trade secret; or
2. At the time of disclosure or use, knew or had reason to know that his or her knowledge of the trade was:
A. Derived from or through a person who had utilized improper means to acquire it;
B. Acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use; or
C. Derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use; or
3. Before a material change of the person's position, knew or had reason to know that it was a trade secret and that knowledge of it had been acquired by accident or mistake.
(3) “Person” shall mean a natural person, corporation, statutory trust, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity.
(4) “Trade secret” shall mean information, including a formula, pattern, compilation, program, device, method, technique or process, that:
a. Derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and
b. Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.
63 Del. Laws, c. 218, §  1;  70 Del. Laws, c. 186, §  1;  73 Del. Laws, c. 329, §  33;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 20. TRADE SECRETS › § 2002. Injunctive relief.

§ 2002. Injunctive relief.
(a) Actual or threatened misappropriation may be enjoined. Upon application to the court, an injunction shall be terminated when the trade secret has ceased to exist, but the injunction may be continued for an additional reasonable period of time in order to eliminate commercial advantage that otherwise would be derived from the misappropriation.
(b) In exceptional circumstances, an injunction may condition future use upon payment of a reasonable royalty for no longer than the period of time for which use could have been prohibited. Exceptional circumstances include, but are not limited to, a material and prejudicial change of position prior to acquiring knowledge or reason to know of misappropriation that renders a prohibitive injunction inequitable.
(c) In appropriate circumstances, affirmative acts to protect a trade secret may be compelled by court order.
63 Del. Laws, c. 218, §  1;  71 Del. Laws, c. 80, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 20. TRADE SECRETS › § 2003. Damages.

§ 2003. Damages.
(a) Except to the extent that a material and prejudicial change of position prior to acquiring knowledge or reason to know of misappropriation renders a monetary recovery inequitable, a complainant is entitled to recover damages for misappropriation. Damages can include both the actual loss caused by misappropriation and the unjust enrichment caused by misappropriation that is not taken into account in computing actual loss. In lieu of damages measured by any other methods, the damages caused by misappropriation may be measured by imposition of liability for a reasonable royalty for a misappropriator's unauthorized disclosure or use of a trade secret.
(b) If wilful and malicious misappropriation exists, the court may award exemplary damages in an amount not exceeding twice any award made under subsection (a) of this section.
63 Del. Laws, c. 218, §  1;  71 Del. Laws, c. 80, §  2;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 20. TRADE SECRETS › § 2004. Attorneys' fees.

§ 2004. Attorneys' fees.
If a claim of misappropriation is made in bad faith, a motion to terminate an injunction is made or resisted in bad faith, or wilful and malicious misappropriation exists, the court may award reasonable attorney's fees to the prevailing party.
63 Del. Laws, c. 218, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 20. TRADE SECRETS › § 2005. Preservation of secrecy.

§ 2005. Preservation of secrecy.
In an action under this chapter, a court shall preserve the secrecy of an alleged trade secret by reasonable means, which may include granting protective orders in connection with discovery proceedings, holding in-camera hearings, sealing the records of the action and ordering any person involved in the litigation not to disclose an alleged trade secret without prior court approval.
63 Del. Laws, c. 218, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 20. TRADE SECRETS › § 2006. Statute of limitations.

§ 2006. Statute of limitations.
An action for misappropriation must be brought within 3 years after the misappropriation is discovered or by the exercise of reasonable diligence should have been discovered. For the purposes of this section, a continuing misappropriation constitutes a single claim.
63 Del. Laws, c. 218, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 20. TRADE SECRETS › § 2007. Effect on other law.

§ 2007. Effect on other law.
(a) Except as provided in subsection (b) of this section, this chapter displaces conflicting tort, restitutionary and other law of this State providing civil remedies for misappropriation of a trade secret.
(b) This chapter does not affect:
(1) Contractual remedies, whether or not based upon misappropriation of a trade secret;
(2) Other civil remedies that are not based upon misappropriation of a trade secret; or
(3) Criminal remedies, whether or not based upon misappropriation of a trade secret.
63 Del. Laws, c. 218, §  1;  71 Del. Laws, c. 80, §  3;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 21. ANTITRUST › § 2101. Purpose; legislative intent.

§ 2101. Purpose; legislative intent.
The purpose of this chapter shall be to promote the public benefits of a competitive economic environment based upon free enterprise. It is the intent of the General Assembly to promote efficiency in business operations, an equitable return on capital investments, an efficient allocation of goods and services and freedom of economic opportunity.
62 Del. Laws, c. 89, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 21. ANTITRUST › § 2102. Definitions.

§ 2102. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
(1) “Court” means the Court of Chancery except where another court is specifically designated.
(2) “Documentary material” means the original or any copy of any book, record, report, memorandum, paper, communication, tabulation, chart or other document, and further includes data and other information in a form readable by a data processing machine.
(3) “Public body” means the state's public agencies, including school districts, and its political subdivisions, including municipal and other authorities.
(4) “Trade or commerce of this State” means all economic activity carried on wholly or partially in this State, which involves or relates to any commodity, service or business activity.
62 Del. Laws, c. 89, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 21. ANTITRUST › § 2103. Restraint of trade unlawful.

§ 2103. Restraint of trade unlawful.
Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce of this State shall be unlawful.
62 Del. Laws, c. 89, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 21. ANTITRUST › § 2104. Exemptions.

§ 2104. Exemptions.
(a) Nothing in this chapter shall be construed to forbid the existence or operation of labor, agricultural or horticultural organizations, instituted for the purposes of mutual help, and not having capital stock or conducted for profit, or to forbid or restrain individual members of such organizations from lawfully carrying out the legitimate objects thereof; nor shall such organizations or the members thereof be held or construed to be illegal combinations or agreements in restraint of trade under this chapter.
(b) Nothing in this chapter shall be construed to forbid any conduct or arrangement required by any statute of this State or of the United States, nor any conduct or arrangement approved or required by a regulatory body or officer acting under statutory authority of this State or of the United States.
(c) Without limiting the effect of the foregoing, activity of the following shall not be construed as a violation of this chapter:
(1) Any public utility, to the extent that such activity is subject to regulation by the Public Service Commission, the State or federal Department of Transportation, the Federal Power Commission, the Federal Communications Commission or the Interstate Commerce Commission;
(2) Any person to the extent that such activity is subject to regulation by the Insurance Commissioner of this State or is authorized by the Insurance Code or any other law of this State, including the making of or participating in joint underwriting or joint reinsurance arrangements;
(3) A nonprofit corporation, trust or organization established exclusively for religious or charitable purposes, or for both purposes, to the extent that the activity is a religious or charitable activity;
(4) A security dealer who is licensed by this State or who is a member of the National Association of Securities Dealers or a member of a national securities exchange registered with the Securities and Exchange Commission under the Securities Exchange Act of 1934 [15 U.S.C. § 78a et seq.], in the course of the business of offering, selling, buying and selling, or otherwise trading in or underwriting, securities as an agent, broker or principal, or the activity of a registered national securities exchange, including the establishment of commission rates and schedules of charges, to the extent that such activity is subject to regulation under the laws of this State or the United States; or
(5) Any state or national banking association or savings and loan association, or any other lending institution, to the extent that such activity is regulated or supervised by the banking laws or savings and loan laws of this State or the United States.
62 Del. Laws, c. 89, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 21. ANTITRUST › § 2105. General power of Attorney General.

§ 2105. General power of Attorney General.
The Attorney General shall have full power and authority on behalf of the State and its public bodies to investigate suspected violations of this chapter or of federal antitrust laws, and may institute such proceedings as are provided for violations thereof.
62 Del. Laws, c. 89, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 21. ANTITRUST › § 2107. Actions by Attorney General for violations; civil penalty; equitable relief.

§ 2107. Actions by Attorney General for violations; civil penalty; equitable relief.
The Attorney General may bring an action for any violation or threatened violation of this chapter. In any such action, the Court may assess against each defendant a civil penalty for the benefit of the State of not less than $1,000 nor more than $100,000 for each violation, or may award appropriate equitable relief, or may order a combination of civil penalty and equitable relief.
62 Del. Laws, c. 89, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 21. ANTITRUST › § 2108. Actions for equitable relief and damages; suits parens patriae.

§ 2108. Actions for equitable relief and damages; suits parens patriae.
(a) If the State or any public body thereof is threatened with injury or injured in its business or property by a violation of this chapter, the Attorney General may bring an action for appropriate equitable relief, damages sustained and, as determined by the Court, taxable costs, and reasonable fees for expert witnesses and attorneys, including the Attorney General.
(b) The Attorney General may bring suit as parens patriae on behalf of natural persons residing in this State to secure monetary relief for such persons who are injured in their business or property by a violation of this chapter. The Court may also award taxable costs and reasonable fees for expert witnesses and attorneys, including the Attorney General.
(c) In actions under this section, the Court may, in its discretion, award as monetary relief up to threefold the total damage sustained, in addition to costs and fees, provided that the Court finds the acts complained of to have been wilful.
(d) Monetary relief awarded under subsection (b) of this section may be payable to the State or may be distributed in such manner as the Court in its discretion may authorize.
(e) In any action brought under subsection (b) of this section, the Attorney General shall, at such times, in such manner, and with such content as the Court may direct, cause notice thereof to be given by publication. If the Court finds that notice given solely by publication would deny due process of law to any person or persons, the Court may direct further notice to such person or persons according to the circumstances of the case.
(f) Any person on whose behalf an action is brought under subsection (b) of this section may elect to exclude from adjudication the portion of the state claim for monetary relief attributable to the person by filing notice of such election with the Court in the manner specified in the notice given pursuant to subsection (e) of this section. The final judgment in any action under subsection (b) of this section shall be res judicata as to any claim under this chapter by any person on behalf of whom such action was brought and who fails to give notice of exclusion in the manner specified in this subsection.
(g) In any action brought under subsection (b) of this section, the Court shall exclude from the amount of any monetary relief awarded any amount which duplicates an award made by any court for the same injury, or which is allocable to persons excluded under subsection (f) of this section.
62 Del. Laws, c. 89, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 21. ANTITRUST › § 2109. Judgment or decree as prima facie evidence.

§ 2109. Judgment or decree as prima facie evidence.
In any action or proceeding brought by the Attorney General, a final judgment or decree determining that a person has violated this chapter, other than a consent judgment or decree entered before any testimony has been taken, is prima facie evidence against that person in any other action as to all matters with respect to which the judgment or decree would be an estoppel between the parties thereto.
62 Del. Laws, c. 89, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 21. ANTITRUST › § 2110. Jurisdiction.

§ 2110. Jurisdiction.
The Court of Chancery shall have exclusive jurisdiction of all actions or proceedings authorized by this chapter or relating to its enforcement; provided, however, that in an action in which any party would otherwise have a right to trial by jury of any issue of fact, and such party shall demand such trial, the Court shall order such issue to trial and binding determination of such issue in the Superior Court, the action or proceeding being retained in the Court of Chancery in all other respects, including entry of judgment.
62 Del. Laws, c. 89, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 21. ANTITRUST › § 2111. Limitation of actions.

§ 2111. Limitation of actions.
Any action to enforce this chapter shall be forever barred unless commenced within 4 years after the cause of action accrued. For purposes of this section, a cause of action for a continuing violation is deemed to accrue at any time during the period of such violation. Whenever any civil or criminal proceeding is instituted by the federal government to prevent, restrain, or punish violations of the federal antitrust laws, the running of the period of limitations in respect of every right of action arising under this chapter, based in whole or in part on any matter complained of in the federal proceeding, shall be suspended during the pendency of said proceeding and for 1 year thereafter; provided, however, that whenever the running of the period of limitations in respect of a right of action arising under this chapter is suspended hereunder, any action to enforce such right of action shall be forever barred unless commenced within the period of suspension or within 4 years after the cause of action accrued.
62 Del. Laws, c. 89, §  1;  78 Del. Laws, c. 257, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 21. ANTITRUST › § 2112. Security not required of State and public bodies.

§ 2112. Security not required of State and public bodies.
Unless otherwise ordered by the Court, the State and its public bodies shall not be required to give security in any action or proceeding under this chapter.
62 Del. Laws, c. 89, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 22. CREDIT AND IDENTITY THEFT PROTECTION › § 2202. Definitions.

§ 2202. Definitions.
For the purposes of this chapter, the following terms shall have the following meanings:
(1) “Consumer” means an individual who is a resident of Delaware.
(2) “Consumer report” or “credit report” means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumer's credit worthiness, credit standing, credit score, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumer's eligibility for:
a. Credit or insurance to be used primarily for personal, family, or household purposes, except that nothing in this chapter authorizes the use of credit evaluations, credit scoring or insurance scoring in the underwriting of personal lines of property or casualty insurance;
b. Employment purposes; or
c. Any other purpose authorized under section 15 U.S.C. § 1681b.
(3) “Consumer reporting agency” means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties.
(4) “Credit card” has the same meaning as in § 103 of the Truth in Lending Act [15 U.S.C. § 1602].
(5) “Credit history” means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumer's creditworthiness, credit standing, or credit capacity that is used or expected to be used, or collected in whole or in part, for the purpose of determining personal lines insurance premiums or eligibility for coverage.
(6) “Debit card” means any card or device issued by a financial institution to a consumer for use in initiating an electronic fund transfer from the account holding assets of the consumer at such financial institution, for the purpose of transferring money between accounts or obtaining money, property, labor, or services.
(7) The term “person” means any individual, partnership, corporation, trust, estate, cooperative, association, government or governmental subdivision or agency, or other entity.
75 Del. Laws, c. 328, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 22. CREDIT AND IDENTITY THEFT PROTECTION › § 2204. Right to file a police report regarding identity theft.

§ 2204. Right to file a police report regarding identity theft.
(a) A person who knows or reasonably believes that the person has been the victim of identity theft may contact the police agency that has jurisdiction over that person's actual residence, which shall take a police report of the matter, and provide the complainant with a copy of that report. Notwithstanding the fact that jurisdiction may lie elsewhere for investigation and prosecution of a crime of identity theft, the local law-enforcement agency shall take the complaint and provide the complainant with a copy of the complaint and may refer the complaint to a law-enforcement agency in that different jurisdiction.
(b) Nothing in this section interferes with the discretion of a police department to allocate resources for investigations of crimes. A complaint filed under this section is not required to be counted as an open case for purposes such as compiling open case statistics.
75 Del. Laws, c. 328, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 23. INTEREST › § 2302. Secured demand loans for not less than $5,000 by banks and others.

§ 2302. Secured demand loans for not less than $5,000 by banks and others.
Every contract for the loan or advance of money by banking corporations, within this State, shall be subject to § 2301 of this title. In any case where loans or advances of money, made by banking corporations or otherwise, repayable on demand to an amount not less than $5,000, are made upon warehouse receipts, bills of lading, certificates of stock, certificates of deposit, bills of exchange, bonds, or other negotiable instruments, pledged as collateral security for such repayment, any sum agreed upon, in writing, by the parties to the transaction may be received, or contracted to be received, and collected as compensation for making the advances.
11 Del. Laws, c. 227;  Code 1915, §  2622;  28 Del. Laws, c. 213;  Code 1935, §  3102;  6 Del. C. 1953, §  2302;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 23. INTEREST › § 2304. Usury defined; borrower's rights and remedies where interest exceeds the lawful rate.

§ 2304. Usury defined; borrower's rights and remedies where interest exceeds the lawful rate.
(a) Usury is the charge to a borrower by a lender, directly or indirectly, of a higher rate of interest than that permitted by law.
(b) When a rate of interest for the loan or use of money exceeding that established by law has been reserved or contracted for, the borrower or debtor shall not be required to pay the creditor the excess over the lawful rate and the borrower or debtor may, at the borrower's or debtor's option, retain and deduct the excess from the amount of any debt. In all cases where any borrower or debtor has paid the whole debt or sum loaned, together with interest exceeding the lawful rate, the borrower or debtor, or a personal representative, may recover in an action against the person who has taken or received the debt and interest, or the personal representative, the sum of 3 times the amount of interest collected on any loan in excess of that permitted by law or the sum of $500, whichever is greater, if such action is brought within 1 year after the time of such payment.
Code 1852, §  1160;  16 Del. Laws, c. 310, §  1;  Code 1915, §  2621;  28 Del. Laws, c. 213;  Code 1935, §  3101;  6 Del. C. 1953, §  2304;  56 Del. Laws, c. 443;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 23. INTEREST › § 2305. Negotiable paper; rights of holders.

§ 2305. Negotiable paper; rights of holders.
Nothing in this chapter shall affect the holders of negotiable paper taken bona fide in the usual course of business.
Code 1852, §  1160;  16 Del. Laws, c. 310, §  1;  Code 1915, §  2621;  28 Del. Laws, c. 213;  Code 1935, §  3101;  6 Del. C. 1953, §  2305;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 23. INTEREST › § 2306. Defense of usury as available to certain entities and associations.

§ 2306. Defense of usury as available to certain entities and associations.
No corporation, limited partnership, statutory trust, business trust or limited liability company, and no association or joint stock company having any of the powers and privileges of corporations not possessed by individuals or partnerships, shall interpose the defense of usury in any action.
Code 1852, §  1160;  16 Del. Laws, c. 310, §  1;  Code 1915, §  2621;  28 Del. Laws, c. 213;  Code 1935, §  3101;  6 Del. C. 1953, §  2306;  69 Del. Laws, c. 258, §  55;  73 Del. Laws, c. 329, §  34;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 23. INTEREST › § 2307. International banking transactions.

§ 2307. International banking transactions.
This chapter and 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 any international banking facility extension of credit, as such terms are contained in § 101 of Title 5.
64 Del. Laws, c. 43, §  7;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 24. CREDIT SERVICES ORGANIZATIONS › § 2401. Definitions.

§ 2401. Definitions.
In this chapter:
(1) “Buyer” means an individual who is solicited to purchase or who purchases the services of a credit service organization.
(2) “Consumer reporting agency” has the meaning assigned by § 603(f), Fair Credit Reporting Act (15 U.S.C. § 1681a(f)).
(3) “Extension of credit” means the right to defer payment of debt or to incur debt and defer its payment offered or granted primarily for personal, family or household purposes.
(4) “Retail seller” means a person engaged in the business of selling goods or furnishing services to a buyer.
68 Del. Laws, c. 180, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 24. CREDIT SERVICES ORGANIZATIONS › § 2402. Credit services organization.

§ 2402. Credit services organization.
(a) A credit services organization is a person who, with respect to the extension of credit by others and in return for the payment of money or other valuable consideration, provides, or represents that the person can or will provide, any of the following services:
(1) Improving a buyer's credit record, history or rating;
(2) Obtaining an extension of credit for a buyer; or
(3) Providing advice or assistance to a buyer with regard to paragraph (a)(1) or (2) of this section.
(b) The following are exempt from this chapter:
(1) A person authorized to make loans or extensions of credit under the laws of this State or the United States who is subject to regulation and supervision by this State or the United States, or a lender approved by the United States Secretary of Housing and Urban Development for participation in a mortgage insurance program under the National Housing Act (12 U.S.C. § 1701 et seq.);
(2) A bank or building/savings and loan association whose deposits or accounts are federally insured, or a subsidiary of such a bank or savings and loan association;
(3) A credit union doing business in this State;
(4) A person licensed under Chapter 22 of Title 5 or Chapter 24A of this title;
(5) A nonprofit organization exempt from taxation under § 501(c)(3) of the Internal Revenue Code of 1986 [26 U.S.C. § 501(c)(3)];
(6) A person licensed as a real estate broker or salesperson under Chapter 29 of Title 24 acting within the course and scope of that license;
(7) A person licensed to practice law in this State acting within the course and scope of the person's practice as an attorney;
(8) A broker-dealer registered with the Securities and Exchange Commission or the Commodity Future Trading Commission acting within the course and scope of that regulation;
(9) A consumer reporting agency;
(10) Mortgage loan or loan brokers who are not engaged in the other activities of credit services organizations as described in subsection (a) of this section; and
(11) A person licensed to practice public accounting in this State acting within the course and scope of the person's practice as an accountant.
68 Del. Laws, c. 180, §  1;  75 Del. Laws, c. 430, §  4;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 24. CREDIT SERVICES ORGANIZATIONS › § 2403. Prohibited conduct.

§ 2403. Prohibited conduct.
A credit services organization, a salesperson, agent or representative of a credit services organization, or an independent contractor who sells or attempts to sell the services of a credit services organization may not:
(1) Charge a buyer or receive from a buyer money or other valuable consideration before completing performance of all services the credit services organization has agreed to perform for the buyer, unless the credit services organization has obtained in accordance with § 2404 of this title a surety bond in the amount required by § 2404(e) of this title issued by a surety company authorized to do business in this State or established and maintained a surety account at a federally insured bank or savings and loan association located in this State in which the amount required by § 2404(e) of this title is held in trust as required by § 2404(c) of this title;
(2) Charge a buyer or receive from a buyer money or other valuable consideration solely for referral of the buyer to a retail seller who will or may extend credit to the buyer if the credit that is or will be extended to the buyer is substantially the same as that available to the general public;
(3) Make or use a false or misleading representation in the offer or sale of the services of a credit services organization, including:
a. Guaranteeing to “erase bad credit” or words to that effect unless the representation clearly discloses that this can be done only if the credit history is inaccurate or obsolete; and
b. Guaranteeing an extension of credit regardless of the person's previous credit problem or credit history unless the representation clearly discloses the eligibility requirements for obtaining an extension of credit;
(4) Engage, directly or indirectly, in a fraudulent or deceptive act, practice or course of business in connection with the offer or sale of the services of a credit services organization;
(5) Make or advise a buyer to make a statement with respect to a buyer's creditworthiness, credit standing or credit capacity that is false or misleading, or that should be known by the exercise of reasonable care to be false or misleading, to a consumer reporting agency or to a person who has extended credit to a buyer or to whom a buyer is applying for an extension of credit;
(6) Advertise or cause to be advertised, in any manner whatsoever, the services of a credit services organization without filing a registration statement with the Secretary of State, unless otherwise provided by this chapter.
68 Del. Laws, c. 180, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 24. CREDIT SERVICES ORGANIZATIONS › § 2404. Bond; surety account.

§ 2404. Bond; surety account.
(a) This section applies to a credit services organization required by § 2403(1) of this title to obtain a surety bond or establish a surety account.
(b) If a bond is obtained, a copy of it shall be filed with the Secretary of State. If a surety account is established, a notarized or otherwise official notification of the deposit by the depository institution shall be filed with the Secretary of State. Such notification shall include, at a minimum, the name of the financial institution, name of the credit services organization, account number and verification that the account is established in accordance with the terms set forth in subsection (c) of this section.
(c) The bond or surety account required must be in favor of the State for the benefit of any person who is damaged by any violation of this chapter. The bond or surety account must also be in favor of any person damaged by such a violation.
(d) Any person claiming against the bond or surety account for a violation of this chapter may maintain an action at law against the credit services organization and against the surety or trustee. The surety or trustee shall be liable only for damages awarded under § 2409(a) of this title and not the punitive damages permitted under that section. The aggregate liability of the surety or trustee to all persons damaged by a credit services organization's violation of this chapter may not exceed the amount of the surety account or bond.
(e) The bond or the surety account shall be in the amount of $15,000.
(f) A depository holding money in a surety account under this chapter may not convey money in the account to the credit services organization that established the account or a representative of the credit services organization unless the credit services organization or representative presents a statement issued by the Secretary of State indicating that § 2405(f) of this title has been satisfied in relation to the account. The Secretary of State may conduct investigations and require submission of information as necessary to enforce this subsection.
68 Del. Laws, c. 180, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 24. CREDIT SERVICES ORGANIZATIONS › § 2405. Registration.

§ 2405. Registration.
(a) A credit services organization shall file a registration statement with the Secretary of State before conducting business in this State. The registration statement must contain:
(1) The name and address of the credit services organization; and
(2) The name and address of any person who directly or indirectly owns or controls 10 percent or more of the outstanding shares of stock in the credit services organization.
(b) The registration statement must also contain either:
(1) A full and complete disclosure of any litigation or unresolved complaint filed with a governmental authority of this State relating to the operation of the credit services organization; or
(2) A notarized statement that states that there has been no litigation or unresolved complaint filed with a governmental authority of this State relating to the operation of the credit services organization.
(3) The name and address of the credit services organization's agent in the State authorized to receive service of process.
(c) The credit services organization shall update the statement not later than the ninetieth day after the date on which a change in the information required in the statement occurs.
(d) Each credit services organization registering hereunder shall maintain a copy of the registration statement in the files of the credit services organization. The credit services organization shall allow a buyer to inspect the registration statement on request.
(e) The Secretary of State may charge each credit services organization that files a registration statement with the Secretary of State a reasonable fee not to exceed $100 to cover the cost of filing. The Secretary of State may not require a credit services organization to provide information other than that provided in the registration statement.
(f) The bond or surety account shall be maintained until 2 years after the date that the credit services organization ceases operations.
68 Del. Laws, c. 180, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 24. CREDIT SERVICES ORGANIZATIONS › § 2406. Disclosure statement.

§ 2406. Disclosure statement.
(a) Before executing a contract or agreement with a buyer or receiving money or other valuable consideration, a credit services organization shall provide the buyer with a statement in writing, containing:
(1) A complete and detailed description of the services to be performed by the credit services organization for the buyer and the total cost of the services;
(2) A statement explaining the buyer's right to proceed against the bond or surety account required by § 2404 of this title;
(3) The name and address of the surety company that issued the bond, or the name and address of the depository and the trustee, and the account number of the surety account;
(4) A complete and accurate statement of the buyer's right to review any file on the buyer maintained by a consumer reporting agency, as provided by the Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.);
(5) A statement that the buyer's file is available for review from the consumer reporting agency at no charge, under certain circumstances, if requested by the consumer within 30 days of receiving notice of a denial of credit and as provided in the Federal Fair Credit Reporting Act (15 U.S.C. § 1681j);
(6) A complete and accurate statement of the buyer's right to dispute directly with the consumer reporting agency the completeness or accuracy of any item contained in a file on the buyer maintained by that consumer reporting agency;
(7) A statement that accurate information cannot be permanently removed from the files of a consumer reporting agency;
(8) A complete and accurate statement of when consumer information becomes obsolete, and of when consumer reporting agencies are prevented from issuing reports containing obsolete information; and
(9) A complete and accurate statement of the availability of nonprofit credit counseling services.
(b) The credit services organization shall maintain on file, for a period of 2 years after the date the statement is provided, an exact copy of the statement, signed by the buyer, acknowledging receipt of the statement.
68 Del. Laws, c. 180, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 24. CREDIT SERVICES ORGANIZATIONS › § 2407. Form and terms of contract.

§ 2407. Form and terms of contract.
(a) Each contract between the buyer and a credit services organization for the purchase of the services of the credit services organization must be in writing, dated, signed by the buyer, and must include:
(1) A statement in type that is boldfaced, capitalized, underlined or otherwise set out from surrounding written materials so as to be conspicuous, in immediate proximity to the space reserved for the signature of the buyer, as follows:
“You, the buyer, may cancel this contract at any time before midnight of the 3rd day after the date of the transaction. See the attached notice of cancellation form for an explanation of this right.”;
(2) The terms and conditions of payment, including the total of all payments to be made by the buyer, whether to the credit services organization or to another person;
(3) A full and detailed description of the services to be performed by the credit services organization for the buyer, including all guarantees and all promises of full or partial refunds, and the estimated length of time, not to exceed 180 days, for performing the services; and
(4) The address of the credit services organization's principal place of business and the name and address of its agent in the State authorized to receive service of process.
(b) The contract must have attached two easily detachable copies of a notice of cancellation. The notice must be in boldfaced type and in the following form:
“Notice of Cancellation
You may cancel this contract, without any penalty or obligation, within 3 days after the date the contract is signed.
If you cancel, any payment made by you under this contract will be returned within 10 days after the date of receipt by the seller of your cancellation notice.
To cancel this contract, mail or deliver a signed dated copy of this cancellation notice, or other written notice to:
(name of seller) at (address of seller) (place of business) not later than midnight (date) I hereby cancel this transaction.
(date)
(purchaser's signature)”
(c) The credit services organization shall give to the buyer a copy of the completed contract and all other documents the credit services organization requires the buyer to sign at the time they are signed.
(d) The breach by a credit services organization of a contract under this chapter, or of any obligation arising from a contract under this chapter, is a violation of this chapter.
68 Del. Laws, c. 180, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 24. CREDIT SERVICES ORGANIZATIONS › § 2408. Waiver.

§ 2408. Waiver.
(a) A credit services organization may not attempt to cause a buyer to waive a right under this chapter.
(b) A waiver by a buyer of any part of this chapter is void.
68 Del. Laws, c. 180, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 24. CREDIT SERVICES ORGANIZATIONS › § 2409. Private enforcement.

§ 2409. Private enforcement.
(a) A buyer injured by a violation of this chapter may bring an action for injunctive relief or recovery of damages, or both. The damages awarded may not be less than the amount paid by the buyer to the credit services organization and may include punitive damages.
(b) In a civil action under subsection (a) of this section, the court, in its discretion, may allow reasonable attorney's fees and court costs to the prevailing buyer.
68 Del. Laws, c. 180, §  1;  77 Del. Laws, c. 310, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 24. CREDIT SERVICES ORGANIZATIONS › § 2410. Enforcement by the Attorney General.

§ 2410. Enforcement by the Attorney General.
(a) The Attorney General shall have the same authority to enforce and carry out this subchapter as granted by § 2517 of Title 29 and by §§ 2511-2527 and §§ 2531-2536 of this title.
(b) Any violation of § 2403 of this title shall be deemed an unlawful practice in violation of § 2513 of this title.
68 Del. Laws, c. 180, §  1;  77 Del. Laws, c. 310, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 24. CREDIT SERVICES ORGANIZATIONS › § 2411. Statute of limitations.

§ 2411. Statute of limitations.
An action may not be brought under § 2409 or § 2410 of this title after 4 years after the date of the execution of the contract for services to which the action relates.
68 Del. Laws, c. 180, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 24. CREDIT SERVICES ORGANIZATIONS › § 2413. Burden of proving exemption.

§ 2413. Burden of proving exemption.
In an action under this chapter the burden of proving an exemption under § 2402 of this title shall be on the person claiming the exemption.
68 Del. Laws, c. 180, §  1;