2023 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 › § 842. Definitions.

§ 842. Definitions.
For purposes of this subchapter, the following words and phrases shall have the meanings ascribed to them herein:
(1) “Bank” shall mean a “bank” as defined in § 2(c) of the Bank Holding Company Act of 1956, as amended, 12 U.S.C. § 1841(c), that is:
a. A bank organized and existing under the laws of this State; or
b. A national bank organized and existing as a national banking association pursuant to the National Bank Act, as amended (12 U.S.C. § 21 et seq.), and maintaining its principal office in Delaware; or
c. Where the context clearly provides, a state-chartered bank organized and located in, or a national bank principally located in, either any state or group of states other than Delaware; or any state or states including Delaware;
(2) “Out-of-state bank holding company,” “Commissioner,” “divest” and “subsidiary” shall have the meanings ascribed to them in § 801 of this title;
(3) “Existing bank” means a bank whose initial Delaware charter (whether or not subsequently amended or converted to a national charter) or authorization to conduct a banking business in Delaware pursuant to the National Bank Act bears an effective date not less than 5 years prior to the effective date of the acquisition of such bank, or a building and loan association which has become a bank pursuant to § 794 of this title whose initial Delaware charter or authorization to conduct a building and loan business in Delaware bears an effective date not less than 5 years prior to the effective date of the acquisition of such building and loan association;
(4) “Bank holding company” has the meaning specified in the Bank Holding Company Act of 1956, as amended (12 U.S.C. § 1841 et seq.).
(5) “Location” or “located” when referring to the state of domicile of a bank holding company means the state in which the amount of aggregate deposits in the United States offices of all its directly or indirectly owned or controlled bank or nonbank subsidiaries (as well as all of the bank or nonbank subsidiaries of any bank holding company which owns or controls that bank holding company) is greatest;
(6) “Acquisition” means:
a. The merger or consolidation of 1 bank holding company with another bank holding company; or
b. The assumption by a bank holding company of direct or indirect ownership or control of the voting shares of another bank holding company or a bank if, after the effective date thereof, the bank holding company making the acquisition will directly or indirectly own or control more than 5 percent of any class of voting shares of the other bank holding company or bank; or
c. The assumption of ownership or control of all or substantially all of the assets of a bank holding company or bank;
(7) “Control” shall have the same meaning as set forth in § 2(a)(2) of the federal Bank Holding Company Act of 1956, as amended (12 U.S.C. § 1841(a)(2));
(8) “Deposit” shall be as defined in § 204.2(a) of Regulation D of the Federal Reserve Board (12 C.F.R. § 204.2(a)).
66 Del. Laws, c. 32, §  1;  69 Del. Laws, c. 165, §  18;  70 Del. Laws, c. 112, §§  29-31;