reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 55. PLANE COORDINATE SYSTEM › § 5506. Use of term “Delaware Coordinate System”.

§ 5506. Use of term “Delaware Coordinate System”.
As established for use, the Delaware Coordinate System of 1927 or the Delaware Coordinate System of 1983 shall be named; and in any land description in which it is used, it shall be designated the “Delaware Coordinate System of 1927” or “Delaware Coordinate System of 1983,” as applicable.
The use of the term “Delaware Coordinate System of 1927” or “Delaware Coordinate System of 1983” on any map, report of survey or other document shall be limited to coordinates based on the Delaware Coordinate System as defined in this chapter.
45 Del. Laws, c. 266, §  5;  6 Del. C. 1953, §  5506;  72 Del. Laws, c. 95, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 55. PLANE COORDINATE SYSTEM › § 5507. Reliance on description.

§ 5507. Reliance on description.
(a) For purposes of describing the location of any survey station or land boundary corner in the State, it shall be considered a complete, legal and satisfactory description of such location to give the position of said survey station or land boundary corner on the system of plane coordinates defined in this chapter.
(b) Nothing contained in this chapter shall require a purchaser or mortgagee of real property to rely wholly on a land description, any part of which depends exclusively upon either Delaware Coordinate System.
(c) Nothing contained in this chapter shall require the exclusive use of the metric system as a descriptive element of official maps.
45 Del. Laws, c. 266, §  6;  6 Del. C. 1953, §  5507;  72 Del. Laws, c. 95, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 55. PLANE COORDINATE SYSTEM › § 5508. Transitional use of Delaware Coordinate System of 1927; effective date of exclusive use of Delaware Coordinate System of 1983.

§ 5508. Transitional use of Delaware Coordinate System of 1927; effective date of exclusive use of Delaware Coordinate System of 1983.
The Delaware Coordinate System of 1927 shall not be used after a period beginning 12 months after July 1, 2000. Beginning on the date 12 months after July 1, 2000, the Delaware Coordinate System of 1983 shall be the sole system of plane coordinates used in this State.
72 Del. Laws, c. 95, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 70. Delaware Economic Development Authority [Transferred]. › § 7001-7017. Findings; declaration of policy; definitions; Delaware Economic Development Authority — Established; organization; powers; application for assistance; findings and determinations; bonds; covenants with bondholders; pledge of revenues or other property; limitation on liability of State; negotiability of bonds; default in payment of state guaranteed bonds; insufficient revenues to make payment; limitation of powers of State; bonds as legal investments for institutions and fiduciaries; exemption from taxation; property of Authority exempt from judicial process; liberal construction of chapter; inconsistent laws inapplicable.

§§ 7001-7017. Findings; declaration of policy; definitions; Delaware Economic Development Authority — Established; organization; powers; application for assistance; findings and determinations; bonds; covenants with bondholders; pledge of revenues or other property; limitation on liability of State; negotiability of bonds; default in payment of state guaranteed bonds; insufficient revenues to make payment; limitation of powers of State; bonds as legal investments for institutions and fiduciaries; exemption from taxation; property of Authority exempt from judicial process; liberal construction of chapter; inconsistent laws inapplicable.
Transferred.
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 73. SECURITIES ACT › Subchapter I. Introductory Provisions › § 73-101. Short title; purpose.

§§ 73-101. Short title; purpose.
(a) This chapter shall be known and may be cited as the “Delaware Securities Act.”
(b) The purpose of the Delaware Securities Act is to prevent the public from being victimized by unscrupulous or overreaching broker-dealers, agents, investment advisers or investment adviser representatives in the context of effecting transactions in securities or giving investment advice, as well as to remedy any harm caused by securities law violations. These prophylactic and remedial purposes shall be deemed of paramount importance in the interpretation of the provisions of this chapter and any rule or order hereunder, and particularly in any judicial review of sanctions or penalties imposed by the Investor Protection Director and of motions or requests by persons affected to stay such sanctions or penalties.
6 Del. C. 1953, §  7301;  59 Del. Laws, c. 208, §  1;  68 Del. Laws, c. 181, §  17;  78 Del. Laws, c. 175, §§  86, 118;  79 Del. Laws, c. 182, §  2;  84 Del. Laws, c. 230, § 1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 73. SECURITIES ACT › Subchapter I. Introductory Provisions › § 73-102. Administration of chapter.

§§ 73-102. Administration of chapter.
(a) This chapter shall be administered by the Attorney General who may designate a Deputy Attorney General to act as Investor Protection Director to be the principal executive officer of an Investor Protection Unit of the Department of Justice to act for the Attorney General administering this chapter. The Investor Protection Director shall have the qualifications of and his or her salary shall be fixed as that of a Deputy Attorney General.
(b) The Director may make, amend and rescind rules, regulations, forms and orders to carry out and define the provisions of this chapter. The Director shall publish such rules, regulations, forms and orders as such rules specify.
(c) The Director may, by rule, regulation or order, delegate the Director's powers, duties and authority to issue orders, pursuant to §§ 73-501 through 73-601 of this title or otherwise in this chapter, to an administrative hearing officer appointed by the Attorney General (or his or her designee).
(d) [Repealed.]
6 Del. C. 1953, §  7325;  59 Del. Laws, c. 208, §  1;  67 Del. Laws, c. 274, §  12;  68 Del. Laws, c. 181, §  30;  70 Del. Laws, c. 186, §  1;  78 Del. Laws, c. 175, §§  77-80, 109, 118;  79 Del. Laws, c. 182, §§  1-3, 7;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 73. SECURITIES ACT › Subchapter I. Introductory Provisions › § 73-104. False and misleading filings.

§§ 73-104. False and misleading filings.
It is unlawful for any person to make or cause to be made, in any document filed with the Director or in any proceeding under this chapter, or any rule or order hereunder, any statement which is, at the time and in light of the circumstances under which it is made, false or misleading in any material respect.
84 Del. Laws, c. 230, § 3;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 73. SECURITIES ACT › Subchapter II. Provisions Relating to the Offer, Sale, and Purchase of Securities › § 73-201. Employment of manipulative and deceptive devices.

§§ 73-201. Employment of manipulative and deceptive devices.
It is unlawful for any person, in connection with the offer, sale or purchase of any security, directly or indirectly:
(1) To employ any device, scheme or artifice to defraud;
(2) To make any untrue statement of a material fact or to omit to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they are made, not misleading; or
(3) To engage in any act, practice or course of business which operates or would operate as a fraud or deceit upon any person.
In interpreting this section, courts will be guided by the interpretations given by federal courts to similar language set forth in § 17(a) of the Securities Act of 1933 [15 U.S.C. § 77q] and Rule 10b-5 [17 C.F.R. § 240.10b-5] promulgated under the Securities Exchange Act of 1934, to include, without limitation, any difference in pleading requirements governing actions brought by securities regulators as opposed to private litigants.
6 Del. C. 1953, §  7303;  59 Del. Laws, c. 208, §  1;  68 Del. Laws, c. 181, §  16;  78 Del. Laws, c. 175, §§  118, 122;  79 Del. Laws, c. 182, §  4;  84 Del. Laws, c. 230, § 4;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 73. SECURITIES ACT › Subchapter II. Provisions Relating to the Offer, Sale, and Purchase of Securities › § 73-202. Registration of and notice filing for securities.

§§ 73-202. Registration of and notice filing for securities.
It is unlawful for any person to offer or sell any security in this State unless:
(1) It is registered under this chapter;
(2) The security or transaction is exempted under § 73-207 of this title; or
(3) It is a federal covered security for which a notice filing has been made pursuant to the provisions of § 73-208 of this title.
6 Del. C. 1953, §  7304;  59 Del. Laws, c. 208, §  1;  71 Del. Laws, c. 162, §  6;  78 Del. Laws, c. 175, §§  6, 7, 88, 118;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 73. SECURITIES ACT › Subchapter II. Provisions Relating to the Offer, Sale, and Purchase of Securities › § 73-210. Unlawful representations concerning registration, notice filing or exemption.

§§ 73-210. Unlawful representations concerning registration, notice filing or exemption.
(a) Neither the fact that a notice filing under this chapter, an application for registration under this chapter, or a registration statement under this chapter has been filed, nor the fact that a person or security is effectively registered, constitutes a finding by the Director that any document filed under this chapter is true, complete and not misleading. Neither any such fact nor the fact that an exemption or exception is available for a security or a transaction means that the Director has passed in any way upon the merits or qualifications of, or recommended or given approval to, any person, security, or transaction.
(b) It is unlawful to make, or cause to be made, to any prospective purchaser, customer, or client any representation inconsistent with subsection (a) of this section.
6 Del. C. 1953, §  7311;  59 Del. Laws, c. 208, §  1;  71 Del. Laws, c. 162, §§  12, 13;  78 Del. Laws, c. 175, §§  96, 118;  79 Del. Laws, c. 182, §  3;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 73. SECURITIES ACT › Subchapter II. Provisions Relating to the Offer, Sale, and Purchase of Securities › § 73-211. Filing of sales and advertising literature.

§§ 73-211. Filing of sales and advertising literature.
The Director may by rule or order require the filing of any prospectus, pamphlet, circular, form letter, advertisement or other sales literature or advertising communication addressed or intended for distribution to prospective investors, including clients or prospective clients of an investment adviser unless the security or transaction is exempted by § 73-207 of this title or is a federal covered security.
6 Del. C. 1953, §  7312;  59 Del. Laws, c. 208, §  1;  71 Del. Laws, c. 162, §  14;  78 Del. Laws, c. 175, §§  40, 97, 118;  79 Del. Laws, c. 182, §  3;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 73. SECURITIES ACT › Subchapter III. Provisions Relating to Broker-Dealers, Broker-Dealer Agents, Issuer Agents, Investment Advisers, Federal Covered Advisers, and Investment Adviser Representatives › § 73-306. Trading markets.

§§ 73-306. Trading markets.
(a) It is unlawful for any broker-dealer, agent, investment adviser or investment adviser representative to effect transactions in, trade or quote any security unless such security is covered by regulations under the Securities Exchange Act of 1934 [15 U.S.C. § 78a et seq.] or unless the filing provisions of this chapter have been complied with in regard to such security.
(b) Except as provided otherwise by § 18 of the Securities Act of 1933 [15 U.S.C. § 77r], the Director is empowered to suspend trading in any security for a period of 10 days in the public interest.
6 Del. C. 1953, §  7318;  59 Del. Laws, c. 208, §  1;  71 Del. Laws, c. 162, §  24;  78 Del. Laws, c. 175, §§  103, 118;  79 Del. Laws, c. 182, §  3;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 73. SECURITIES ACT › Subchapter IV. Provisions Relating to Investigations › § 73-401. Authority to investigate.

§§ 73-401. Authority to investigate.
The Director, in the Director's own discretion, may make such public or private investigations within or outside of this State as the Director deems necessary to determine whether any person has violated or is about to violate any provision of this chapter or any rule or order hereunder, or to aid in the enforcement of this chapter or in the prescribing of rules and forms hereunder, may require or permit any person to file a statement in writing, under oath or otherwise as the Director determines, as to all the facts and circumstances concerning the matter to be investigated, and may publish information concerning any violation of this chapter or any rule or order hereunder.
78 Del. Laws, c. 175, §  115 118;  79 Del. Laws, c. 182, §  3;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 73. SECURITIES ACT › Subchapter IV. Provisions Relating to Investigations › § 73-402. Subpoena power.

§§ 73-402. Subpoena power.
For the purpose of any investigation or proceeding under this chapter, the Director, or any officer designated by the Director, may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of any books, papers, correspondence, memoranda, agreements, or other documents or records which the Director deems relevant or material to the inquiry. The Director's authority to subpoena witnesses and documents outside the State shall exist to the maximum extent permissible under federal constitutional law.
78 Del. Laws, c. 175, §  115 118;  79 Del. Laws, c. 182, §  3;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 73. SECURITIES ACT › Subchapter IV. Provisions Relating to Investigations › § 73-403. Failure to comply with subpoena.

§§ 73-403. Failure to comply with subpoena.
In case of contumacy by, or refusal to obey a subpoena issued to, any person, the Court of Chancery, upon application by the Director, may issue to the person an order requiring that person to appear before the Court of Chancery or the designated officer, there to produce documentary evidence if so ordered or to give evidence touching the matter under investigation or in question. Failure to obey the order of the Court may be punished by the Court as a contempt of Court.
78 Del. Laws, c. 175, §§  115, 118;  79 Del. Laws, c. 182, §  3;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 73. SECURITIES ACT › Subchapter IV. Provisions Relating to Investigations › § 73-404. Immunity from prosecution.

§§ 73-404. Immunity from prosecution.
No person is excused from attending and testifying or from producing any document or record before the Director, or in obedience to the subpoena of the Director or any designated officer or in any proceeding instituted by the Director, on the ground that the testimony or evidence (documentary or otherwise) required of that person may tend to incriminate or subject that person to penalty or forfeiture; but no individual may be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which the person is compelled, after claiming privilege against self-incrimination, to testify or produce evidence (documentary or otherwise), except that the individual testifying is not exempt from prosecution and punishment for perjury or contempt committed in testifying.
78 Del. Laws, c. 175, §§  115, 118;  79 Del. Laws, c. 182, §  3;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 73. SECURITIES ACT › Subchapter V. Administrative Enforcement Proceedings › § 73-501. Authority to prosecute administrative enforcement proceedings.

§§ 73-501. Authority to prosecute administrative enforcement proceedings.
The Investor Protection Unit, under the direction of the Director, shall have the authority to prosecute administrative proceedings to enforce the provisions of this chapter or any rule or order hereunder.
78 Del. Laws, c. 175, §§  116, 118;  79 Del. Laws, c. 182, §§  1, 3;  84 Del. Laws, c. 230, § 16;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 73. SECURITIES ACT › Subchapter V. Administrative Enforcement Proceedings › § 73-502. Judicial review.

§§ 73-502. Judicial review.
(a) Any party aggrieved by an order of the Director may appeal such order to the Court of Chancery as follows:
(1) The party must file a notice of appeal with the Court, and serve a copy thereof on the Director, within 30 days of the date the notice of the order was sent to the party.
(2) Upon receiving service of a copy of the notice of appeal, the Director shall cause a transcription of the record to be prepared. Upon the completion of the transcription of the record, the Director shall present to the appellant or appellants a demand for the payment of the cost of transcribing the record. Where there are multiple appellants, the cost of transcribing the record shall be charged to the appellants on a pro rata basis.
(3) Within 10 days of receipt of the demand for payment of the cost of transcribing the record, each appellant shall present to the Director the payment demanded. If any appellant fails within the 10-day period to present such payment, the Court shall dismiss that appellant's appeal for lack of jurisdiction.
(4) Within 20 days of receipt of a payment required by paragraph (a)(3) of this section from any appellant, the Director shall certify and file the record with the Court.
(b) When the record has been filed and certified by the Director, the Court of Chancery has exclusive jurisdiction to affirm, modify, enforce or set aside the order, in whole or in part. The findings of the Director as to the facts, if supported by material and substantial evidence, are conclusive. If, within 20 days of the filing of the record by the Director, either party applies to the Court for leave to adduce material evidence, and shows to the satisfaction of the Court that there were reasonable grounds for failure to adduce the evidence in the hearing before the Director, the Court may order the additional evidence to be taken before the Director and to be adduced upon the hearing in such manner and upon such conditions as the Court considers proper.
(c) The commencement of the proceedings under subsection (a) of this section does not, unless specifically ordered by the Court, operate as a stay of the Director's order.
6 Del. C. 1953, §  7324;  59 Del. Laws, c. 208, §  1;  67 Del. Laws, c. 274, §  11;  68 Del. Laws, c. 181, §  31;  78 Del. Laws, c. 175, §§  76, 108, 118;  79 Del. Laws, c. 182, §  3;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 73. SECURITIES ACT › Subchapter V. Administrative Enforcement Proceedings › § 73-503. Statute of limitations.

§§ 73-503. Statute of limitations.
(a) In any administrative, civil or criminal action brought by the Director seeking registration suspension or revocation, fines, costs, restitution or imprisonment, no more than 5 years shall have passed from the date of the violation to the date of the initiation of the proceeding.
(b) This 5-year limit shall not apply to registration denial proceedings.
68 Del. Laws, c. 181, §  23;  78 Del. Laws, c. 175, §§  114, 118;  79 Del. Laws, c. 182, §  3;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 73. SECURITIES ACT › Subchapter VI. Remedies for Violations › § 73-601. Administrative remedies.

§§ 73-601. Administrative remedies.
(a) In any administrative proceeding before the Director, the Director may issue orders providing for the following remedies:
cease and desist; fine; assessment of costs; restitution to investors; conditional or probationary registration; suspension or bar from registration; censure or reprimand; special reporting requirements; freezing of accounts in which it is believed that fraud has occurred, may be occurring, or is likely to occur; or other remedies which the Director determines to be in the public interest.
(b) In addition to the remedies set forth in subsection (a) of this section, the Director may order the payment of fines and other monetary sanctions for any violation of any provision of this chapter or any rule or order hereunder in an amount not to exceed $10,000 for each and every violation, plus the costs of investigation and prosecution. Each independent violation of this chapter counts as a separate instance for purposes of calculating penalties.
(c) Whenever it appears that a person has violated or is about to violate this chapter or any rule or order hereunder by failing to register or engaging in fraud or other prohibited conduct, the Director may summarily issue a cease and desist order against that person.
(1) Any person who is the subject of a cease and desist order shall be given notice of it as soon as practicable and may request a hearing before the Director on an application to set aside, limit, modify or suspend the order by filing:
a. A written request for a hearing; and
b. A written answer addressing the factual and legal findings of the order.
The opportunity to be heard is waived if the subject of the order fails to timely file a written answer and a written request for a hearing, in which case the order will remain in effect until it is modified or vacated by the Director. To the extent a hearing is properly requested and an answer properly filed, a hearing shall be noticed within 15 days from the date the request is received.
(2) If any person who is the subject of a cease and desist order, or any agent or employee of such person, subsequent to the issuance of the order engages in the prohibited conduct, the Director may certify the facts and apply for a contempt order to any Judge of the Superior Court, who shall upon such application hear the evidence as to the acts complained of. If the evidence warrants, the Judge shall punish such person in the same manner and to the same extent as for a contempt committed before the Superior Court, or shall commit such person upon the same conditions as if the doing of the forbidden act had occurred with reference to the process of, or in the presence of, the Superior Court.
78 Del. Laws, c. 175, §§  117, 118;  79 Del. Laws, c. 182, §  3;  84 Del. Laws, c. 230, § 17;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 73. SECURITIES ACT › Subchapter VI. Remedies for Violations › § 73-602. Injunctions.

§§ 73-602. Injunctions.
Whenever it appears to the Director that any person has engaged or is about to engage in any act or practice constituting a violation of any provision of this chapter or any rule or order hereunder, the Director may in the Director's own discretion bring an action in the Court of Chancery to temporarily restrain or to enjoin the acts or practices and to enforce compliance with this chapter or any rule or order hereunder. The Director may also seek, and the Court of Chancery shall upon proper showing grant, such other ancillary relief as is in the public interest including the appointment of a receiver, temporary receiver, conservator, obtaining of an accounting, orders of rescission, orders of restitution, or other relief as may be appropriate in the public interest. The Court shall not require the Director to post a bond.
6 Del. C. 1953, §  7320;  59 Del. Laws, c. 208, §  1;  70 Del. Laws, c. 186, §  1;  78 Del. Laws, c. 175, §§  104, 118;  79 Del. Laws, c. 182, §  3;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 73. SECURITIES ACT › Subchapter VI. Remedies for Violations › § 73-603. Escrow of funds.

§§ 73-603. Escrow of funds.
Whenever the Director shall deem it necessary in the public interest the Director may require that the proceeds of sale of the securities of an issuer be held intact until such proceeds aggregate a fixed amount and that such proceeds be held intact under an appropriate agreement of escrow with a bank or trust company approved by the Director.
6 Del. C. 1953, §  7321;  59 Del. Laws, c. 208, §  1;  70 Del. Laws, c. 186, §  1;  78 Del. Laws, c. 175, §§  105, 118;  79 Del. Laws, c. 182, §  3;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 73. SECURITIES ACT › Subchapter VI. Remedies for Violations › § 73-604. Criminal penalties; class E, F, and G felonies.

§§ 73-604. Criminal penalties; class E, F, and G felonies.
(a) Fraud of $50,000 or more; class E felony. — Any person who wilfully violates § 73-201 of this title, thereby causing any investor or investors to lose $50,000 or more, shall upon conviction be fined not more than $200,000 or imprisoned not more than 5 years at Level V incarceration, or both, per violation.
(b) Fraud of $10,000 or more; class F felony. — Any person who wilfully violates § 73-201 of this title, thereby causing any investor or investors to lose $10,000 or more, though less than $50,000, shall upon conviction be fined not more than $100,000 or imprisoned not more than 3 years at Level V incarceration, or both, per violation.
(c) Other violations; class G felony. — Any person who wilfully violates any provision of this chapter or any rule hereunder and whose offense is not covered by subsection (a) or (b) of this section, shall upon conviction be fined not more than $100,000 or imprisoned not more than 2 years at Level V incarceration, or both, per violation.
(d) No indictment or information may be returned under this chapter more than 5 years after the alleged violation. The Superior Court shall have exclusive jurisdiction of any criminal violations of this chapter.
(e) In addition to the penalties stated above, restitution to any investor or investors may be ordered. Nothing in this chapter limits the power of the State to punish any person for any conduct which otherwise constitutes a crime by statute.
6 Del. C. 1953, §  7322;  59 Del. Laws, c. 208, §  1;  67 Del. Laws, c. 274, §  10;  68 Del. Laws, c. 181, §  19;  78 Del. Laws, c. 175, §§  106, 118, 122;  84 Del. Laws, c. 230, § 18;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 73. SECURITIES ACT › Subchapter VII. Miscellaneous Provisions › § 73-702. Service of process.

§§ 73-702. Service of process.
Every applicant for registration under this chapter, every person making a notice filing pursuant to this chapter, and every issuer which proposes to offer a security in this State through any person acting on an agency basis in the common-law sense shall file with the Director, in such form as the Director by rule prescribes, an irrevocable consent appointing the Director or the Director's successor in office to be the person's attorney to receive service of any lawful process in any noncriminal suit, action or proceeding against the person or the person's successor executor or administrator which arises under this chapter or any rule or order hereunder after the consent has been filed, with the same force and validity as if served personally on the person filing the consent. A person who has filed such a consent in connection with a previous registration or notice filing need not file another. Service may be made by leaving a copy of the process in the office of the Director, but it is not effective unless the plaintiff, who may be the Director in a suit, action or proceeding instituted by the Director, forthwith sends notice of the service and a copy of the process by registered mail to the defendant or respondent at the defendant's or respondent's last address on file with the Director, and the plaintiff's affidavit of compliance with this section is filed in the case on or before the return day of the process, if any, or within such further time as the Court allows.
When any person, including any nonresident of this State, engages in conduct prohibited or made actionable by this chapter or any rule or order hereunder, and the person has not filed a consent to service of process under this section and personal jurisdiction over the person cannot otherwise be obtained in this State, that conduct shall be considered equivalent to the person's appointment of the Director or the Director's successor in office to be the person's attorney to receive service of any lawful process in any noncriminal suit, action or proceeding against the person or the person's successor, executor or administrator which grows out of that conduct and which is brought under this chapter or any rule or order hereunder, with the same force and validity as if served on the person personally. Service may be made in the same manner as stated above.
6 Del. C. 1953, §  7327;  59 Del. Laws, c. 208, §  1;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 162, §  27;  78 Del. Laws, c. 175, §§  111, 118;  79 Del. Laws, c. 182, §  3;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 73. SECURITIES ACT › Subchapter VII. Miscellaneous Provisions › § 73-703. Investor protection fund.

§§ 73-703. Investor protection fund.
(a) All moneys as described in subsection (b) of this section shall be credited by the State Treasurer to a fund to be known as the “Investor Protection Fund.”
(b) The Investor Protection Fund will be a revolving fund and shall be funded as follows:
(1) Beginning on July 1 of each year (after the funds for the operations of the Investor Protection Unit have been deposited and credited to the Securities Administrative Payroll Appropriation pursuant to the Budget Act for that fiscal year) any moneys collected by the Unit shall be credited to the Investor Protection Fund and shall continue to be credited to the fund until such time as the amount so credited to the fund equals $550,000. Such $550,000 shall be in addition to any moneys credited to the Investor Protection Fund under any other provision in this section.
(2) Any moneys paid pursuant to court order or judgment, including costs and attorney's fees, in a securities action brought by the Attorney General or the Investor Protection Director pursuant to this chapter shall be credited to the Investor Protection Fund; and
(3) Any moneys received by the Director pursuant to any settlement agreement shall be credited to the Investor Protection Fund.
(c) Any fines, costs or other moneys (except those obtained as restitution or rescission) received by the Director as a result of an administrative order (other than a consent order) shall be credited to the General Fund.
(d) If, at the end of any fiscal year, the balance in the Investor Protection Fund exceeds $750,000, the excess shall be withdrawn from the Investor Protection Fund and deposited in the General Fund.
(e) The Attorney General is authorized to expend from the Investor Protection Fund such moneys as are necessary for the payment of costs, expenses, and charges incuarrred in connection with the activities of the Investor Protection Unit under this chapter, including enforcement, training, education, and dissemination of information to the public, and, if approved by the Director of the Fraud and Consumer Protection Division, such other costs, expenses, and charges incurred by the Fraud and Consumer Protection Division in connection with activities related to consumer protection and financial fraud.
(1)-(3) [Repealed.]
(f) The Attorney General and the Investor Protection Director shall provide such reports as to the expenditure of moneys from the Investor Protection Fund to the Director of the Office of Management and Budget and the Controller General, and in such detail as they require.
67 Del. Laws, c. 274, §  13;  69 Del. Laws, c. 64, §  99;  70 Del. Laws, c. 560, §  7;  75 Del. Laws, c. 88, §  21(3);  78 Del. Laws, c. 175, §§  81-85, 113, 118;  79 Del. Laws, c. 182, §§  1-3;  83 Del. Laws, c. 390, § 1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 73. SECURITIES ACT › Subchapter VII. Miscellaneous Provisions › § 73-704. Liability of Attorney General.

§§ 73-704. Liability of Attorney General.
In no case shall the Attorney General or the Director, or any person designated by them, in the administration of this chapter incur any official or personal liability by instituting an injunction or any judicial proceeding, or administrative order or proceeding.
6 Del. C. 1953, §  7328;  59 Del. Laws, c. 208, §  1;  78 Del. Laws, c. 175, §§  112, 118;  79 Del. Laws, c. 182, §  3;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 75. FOREIGN TRADE ZONES › § 7501. Definitions.

§ 7501. Definitions.
As used in this chapter, unless the context requires otherwise, the following words and phrases shall mean:
(1) “Private corporation” shall mean a general and business or a general not-for-profit corporation organized under the laws of this State.
(2) “Public corporation” shall mean this State, a political subdivision thereof, a corporate instrumentality of this State and 1 or more other states, or a bistate compact.
61 Del. Laws, c. 167, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 75. FOREIGN TRADE ZONES › § 7502. Federal grants.

§ 7502. Federal grants.
All public and private corporations shall have the power to apply to the proper authorities of the United States government for a grant, and when such a grant is issued, to establish and operate foreign trade zones under the Foreign Trade Zones Act of 1934, as amended, on July 20, 1977.
61 Del. Laws, c. 167, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 76. DELAWARE LEASE-PURCHASE AGREEMENT ACT › § 7602. Inapplicability of other laws; exempted transactions.

§ 7602. Inapplicability of other laws; exempted transactions.
(a) Lease-purchase agreements which comply with this chapter are not governed by the laws relating to:
(1) A “retail installment contract” or “contract” as defined in § 4301(9) of this title.
(2) A “security interest” as defined in § 1-201(35) of this title.
(b) This chapter does not apply to the following:
(1) Lease-purchase agreements primarily for business, commercial or agricultural purposes, or those made with governmental agencies or instrumentalities or with organizations;
(2) A lease of safe deposit box;
(3) A lease or bailment of personal property along with the lease of real property;
(4) A lease of an automobile; or
(5) The lease of real property and/or the fixed improvements thereon.
68 Del. Laws, c. 59, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 76. DELAWARE LEASE-PURCHASE AGREEMENT ACT › § 7603. Disclosures.

§ 7603. Disclosures.
(a) For each lease-purchase agreement, the lessor shall disclose in the agreement the following items, as applicable:
(1) The total number, total amount and timing of all payments necessary to acquire ownership of the property;
(2) A statement that the lessee will not own the property until the lessee has made the total amount of the payments necessary to acquire ownership;
(3) A statement that the lessee is responsible for the fair market value of the property if, and as of the time, it is lost, stolen, damaged or destroyed;
(4) A brief description of the leased property, sufficient to identify the property to the lessee and the lessor, including an identification number, if applicable, and a statement indicating whether the property is new or used, but a statement that indicates new property is used is not a violation of this chapter;
(5) A statement of the cash price of the property;
(6) The total of the initial lease payment paid or required at or before consummation of the agreement or delivery of the property, whichever is later;
(7) A statement that the total of lease payments necessary to acquire ownership does not include other charges, such as late payment, default and reinstatement fees, which fees shall be separately disclosed in the contract;
(8) A statement clearly summarizing the terms of the lessee's option to purchase, including a statement that the lessee has the right to exercise an early purchase option using the formula or method for determining the price at which the property may be so purchased in accordance with § 7609 of this title;
(9) A statement identifying the party responsible for maintaining or servicing the property while it is being leased, together with a description of that responsibility, and a statement that if any part of a manufacturer's express warranty covers the lease property at the time the lessee acquires ownership of the property, it shall be transferred to the lessee, if allowed by the terms of the warranty;
(10) A statement that the lessee may terminate the agreement without penalty by voluntarily surrendering or returning the property in good repair upon expiration of any lease term along with any past due rental payments; and
(11) Notice of the right to reinstate an agreement as herein provided.
(b) With respect to matters specifically governed by the federal Consumer Credit Protection Act [15 U.S.C. § 1601 et seq.], compliance with such act satisfies the requirements of this section.
68 Del. Laws, c. 59, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 76. DELAWARE LEASE-PURCHASE AGREEMENT ACT › § 7604. Form requirements.

§ 7604. Form requirements.
(a) The disclosure information required by this chapter must be disclosed in a lease-purchase agreement, and must:
(1) Be made clearly and conspicuously with items appearing in logical order and segregated as appropriate for readability and clarity;
(2) Be made in writing;
(3) Need not be contained in a single writing or made in the order set forth in § 7603 of this title; and
(4) May be supplemented by additional information or explanations supplied by the lessor, but none shall be stated, used or placed so as to mislead or confuse the lessee, or to contradict, obscure or detract attention from the information required by § 7603 of this title, and so long as the additional information or explanations do not have the effect of circumventing, evading or unduly complicating the information required to be disclosed by § 7603 of this title.
(b) Every lease-purchase agreement shall contain a notice in at least 8-point standard type, reading as follows:
“NOTICE TO THE LESSEE:
(1) DO NOT SIGN THIS LEASE-PURCHASE AGREEMENT BEFORE YOU READ IT OR IF IT CONTAINS ANY BLANK SPACE. (2) YOU ARE ENTITLED TO A COMPLETELY FILLED-IN COPY OF THIS AGREEMENT. (3) UNDER THE LAW, YOU HAVE THE RIGHT TO EXERCISE AN EARLY PURCHASE OPTION WHICH WILL RESULT IN A LOWER COST TO ACQUIRE OWNERSHIP.”
(c) Timing. — The lessor shall disclose all information required by § 7603 of this title before the lease-purchase agreement is executed. These disclosures must be made on the face of the writing evidencing the lease-purchase agreement.
(d) Copy to lessee. — (1) Before any payment is due, the lessor shall furnish the lessee with an exact copy of each lease-purchase agreement. The agreement shall be signed by the lessee and is evidence of the lessee's agreement. If there is more than 1 lessee in a lease-purchase agreement, delivery of a copy of the lease-purchase agreement to 1 of the lessees constitutes compliance with this paragraph; however, a lessee not signing the agreement is not liable under it.
(2) Any acknowledgement by the lessee of delivery of a copy of the lease-purchase agreement shall be printed or written in a size equal to at least 10-point bold type and, if contained in the lease-purchase agreement, shall also appear directly above the space reserved for the lessee's signature.
(3) The lessee's written acknowledgement, conforming to the requirements of this section for delivery of a copy of the lease-purchase agreement, shall create a conclusive presumption of such delivery and of compliance with this section, in any action or proceeding by or against an assignee of the lease-purchase agreement without knowledge to the contrary when the assignee purchases the contract.
(e) Type size. — The terms of the lease-purchase agreement, except as otherwise provided in this section, must be set forth in not less than 8-point standard type.
68 Del. Laws, c. 59, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 76. DELAWARE LEASE-PURCHASE AGREEMENT ACT › § 7605. Blank spaces.

§ 7605. Blank spaces.
All blank spaces on lease-purchase agreement forms must be filled in before the lease-purchase agreement is executed. Blank spaces that are provided for items or terms not applicable to the agreement must be crossed out.
68 Del. Laws, c. 59, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 76. DELAWARE LEASE-PURCHASE AGREEMENT ACT › § 7606. Advertising.

§ 7606. Advertising.
(a) Prohibition. — An advertisement for a lease-purchase agreement may not state or imply that a specific item is available at specific amounts or terms unless the lessor usually and customarily offers or will offer that item at those amounts or terms.
(b) Disclosures. — If an advertisement for the lease-purchase agreement of a specific item refers to or states the amount of any payment, or the right to acquire ownership, the advertisement must also clearly and conspicuously state the following terms as applicable:
(1) That the transaction advertised is a lease-purchase agreement;
(2) The total amount of the lease payments necessary to acquire ownership; and
(3) That the lessee will not own the property until the total amount necessary to acquire ownership is paid in full or by prepayment as provided for by law.
(c) Item price disclosures. — Every item displayed or offered under a lease-purchase agreement shall have clearly and conspicuously indicated in Arabic numerals, so as to be readable and understandable by visual inspection, each of the following affixed to the item:
(1) The cash price of the item; and
(2) The amount of the lease payment and the total amount of the lease payments necessary to acquire ownership.
(d) Nonapplication. — This section does not apply to the owner or personnel, as such, of any medium in which an advertisement appears or through which it is disseminated.
68 Del. Laws, c. 59, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 76. DELAWARE LEASE-PURCHASE AGREEMENT ACT › § 7607. Lessee's reinstatement rights.

§ 7607. Lessee's reinstatement rights.
(a) A lessee who fails to make timely lease payments may reinstate the original lease-purchase agreement without losing any rights or options previously acquired under the lease-purchase agreement if both of the following apply:
(1) After having failed to make a timely payment, the lessee has surrendered the property to the lessor, if and when requested by the lessor; and
(2) In the case of a lessee that has paid less than 60 percent of the total of payments necessary to acquire ownership of the property, not more than 60 days has passed since the lessee returned the property. If the lessee has paid more than 60 percent of the total of payments necessary to acquire ownership of the property, the lessee's rights to reinstate shall be extended for a period of not less than l80 days after the lessee has returned the property.
(b) Charges. — As a condition to reinstating a lease-purchase agreement, a lessor may charge the outstanding balance of any accrued payments and delinquency charges, a reinstatement fee not to exceed $5.00, and a reasonable delivery charge, if redelivery of the item is necessary.
(c) Substitute items. — If reinstatement occurs pursuant to this section, the lessor shall provide the lessee with the same item, if available, leased by the lessee before reinstatement. If the same item is not available, a substitute item of comparable worth, quality and condition may be used. If a substitute item is provided, the lessor shall provide the lessee with all the information required by § 7603 of this title.
68 Del. Laws, c. 59, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 76. DELAWARE LEASE-PURCHASE AGREEMENT ACT › § 7608. Prohibited provisions.

§ 7608. Prohibited provisions.
A lease-purchase agreement may not contain a provision:
(1) Requiring a confession of judgment;
(2) Authorizing a lessor or an agent of the lessor to commit a breach of the peace in the repossession of property;
(3) Waiving a defense, counterclaim or right the lessor may have against the lessor or an agent of the lessor or any assignee of lessor;
(4) Requiring the payment of a late charge unless a lease payment is delinquent for more than 2 business days, and the charge or fee shall not be in an amount more than the greater of 10 percent of the delinquent lease payment or $3.00;
(5) Requiring a separate payment in addition to lease payments in order to acquire ownership of the property, other than by exercising an early purchase option pursuant to § 7609 of this title;
(6) Requiring a waiver of any right of action against the lessor or holder of the lease-purchase agreement or other person acting on the lessor's or holder's behalf, for any illegal act committed in the collection of payment or recover under the lease-purchase agreement or in the repossession of goods.
68 Del. Laws, c. 59, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 76. DELAWARE LEASE-PURCHASE AGREEMENT ACT › § 7609. Early purchase option.

§ 7609. Early purchase option.
A lease purchase agreement must provide that at any time after the initial rental payment, the lessee may acquire ownership of the property by tendering 55 percent of the difference between the total of rental payments necessary to acquire ownership of the property and the total amount of rent paid for use of the property at that time.
68 Del. Laws, c. 59, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 76. DELAWARE LEASE-PURCHASE AGREEMENT ACT › § 7610. Exempted transaction.

§ 7610. Exempted transaction.
This chapter does not apply to agreements for the rental of property in which the person who rents the property has no legal right to become the owner of the rented property.
68 Del. Laws, c. 59, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 76. DELAWARE LEASE-PURCHASE AGREEMENT ACT › § 7611. Prohibited provisions in lease-purchase agreement as void.

§ 7611. Prohibited provisions in lease-purchase agreement as void.
Any provision in a lease-purchase agreement which is prohibited by this chapter shall be void but shall not otherwise affect the validity of the lease-purchase agreement.
68 Del. Laws, c. 59, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 76. DELAWARE LEASE-PURCHASE AGREEMENT ACT › § 7612. Receipts; acknowledgement of payment in full for ownership.

§ 7612. Receipts; acknowledgement of payment in full for ownership.
(a) If a lessee so requests, the lessor must give or forward to the lessee a receipt for any payment made in cash. The lessor must also furnish, upon the lessee's request, an accounting of all charges, payments and their dates in connection with a lease-purchase agreement. A charge of $5.00 may be imposed upon the lessee by the lessor for the second and each subsequent accounting request by the lessee in a 12-month period.
(b) After all lease payments necessary to acquire ownership have been made by a lessee or the lessee has exercised an early purchase option pursuant to § 7603(a)(8) of this title, and upon demand by the lessee, the lessor shall deliver, or mail to the lessee's last known address, such 1 or more good and sufficient instruments as shall be necessary to acknowledge the lessee's full ownership in the property to which the lessee acquired ownership pursuant to the lease-purchase agreement.
68 Del. Laws, c. 59, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 76. DELAWARE LEASE-PURCHASE AGREEMENT ACT › § 7613. Award of reasonable attorneys' fees and court costs to prevailing party.

§ 7613. Award of reasonable attorneys' fees and court costs to prevailing party.
A lease-purchase agreement may provide for the payment of reasonable attorneys' fees and actual court costs if it is referred to an attorney for collection. Reasonable attorneys' fees and costs shall be awarded to the prevailing party in any action on a lease-purchase agreement subject to this chapter regardless of whether such action is instituted by the lessor or lessee. Where the defendant alleges in an answer that the defendant tendered either the full amount to which the plaintiff was entitled or possession of the property, and the allegation is found to be true, then the defendant is deemed to be a prevailing party within the meaning of this section.
68 Del. Laws, c. 59, §  1;  70 Del. Laws, c. 186, §  1;