Chapter - Delaware General Assembly

CHAPTER 24

FORMERLY

HOUSE BILL NO. 130

AN ACT TO AMEND TITLE 5 AND TITLE 29 OF THE DELAWARE CODE RELATING TO BANKS AND OTHER FINANCIAL INSTITUTIONS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend §918(a) of Title 5 of the Delaware Code by deleting the period at the end of subparagraph (5) and inserting in lieu thereof a semicolon, and by adding thereafter a new subparagraph (6), as follows:

"(6) To qualify itself to exercise any of the powers of a trust company or to act in any fiduciary capacity; provided, however, that assets pledged in accordance with this subsection shall not be counted for purposes of satisfying the minimum capital stock and paid-in surplus required to be maintained by any bank, trust company or limited purpose trust company pursuant to §745 of this title.".

Section 2. Amend §1113(a) of Title 5 of the Delaware Code by adding the following immediately after the present text in subsection (a):

“Notwithstanding the foregoing, the Commissioner may permit the Commissioner of Internal Revenue of the United States, the proper officer of this or any other state, the District of Columbia, or any possession or territory of the United States that imposes a tax, or the authorized representative of any of such officers, to inspect the tax return of any taxpayer under this chapter, and the Commissioner may furnish to any such officer, or such officer’s authorized representative, an abstract of the tax return of any taxpayer under this chapter or supply such officer or such officer’s authorized representative with information contained in any such tax return or disclosed by the report of examination or investigation of the income or return of such taxpayer, but only for the purpose of, and only to the extent necessary in, the administration of the tax laws of such jurisdiction; provided, however, that no such permission shall be granted, and no such information shall be furnished, to any such officer or the officer’s representative unless the statutes of such jurisdiction grant substantially similar privileges to the Commissioner or the Commissioner’s legal representative.”.

Section 3. Amend §1807(a) of Title 5 of the Delaware Code by adding the following immediately after the present text in subsection (a):

“Notwithstanding the foregoing, the Commissioner may permit the Commissioner of Internal Revenue of the United States, the proper officer of this or any other state, the District of Columbia, or any possession or territory of the United States that imposes a tax, or the authorized representative of any of such officers, to inspect the tax return of any taxpayer under this chapter, and the Commissioner may furnish to any such officer, or such officer’s authorized representative, an abstract of the tax return of any taxpayer under this chapter or supply such officer or such officer’s authorized representative with information contained in any such tax return or disclosed by the report of examination or investigation of the income or return of such taxpayer, but only for the purpose of, and only to the extent necessary in, the administration of the tax laws of such jurisdiction; provided, however, that no such permission shall be granted, and no such information shall be furnished, to any such officer or the officer’s representative unless the statutes of such jurisdiction grant substantially similar privileges to the Commissioner or the Commissioner’s legal representative.”.

Section 4. Amend §2109(b) of Title 5 of the Delaware Code by deleting subsection (b) in its entirety and inserting in lieu thereof the following:

“The Commissioner may temporarily suspend any license pending the issuance of a final order as provided in Chapter 101 of Title 29.”.

Section 5. Amend §2109(c) of Title 5 of the Delaware Code by deleting “a hearing thereon” and inserting in lieu thereof “an opportunity for the licensee to request a hearing in accordance with Chapter 101 of Title 29”.

Section 6. Amend §2109(f) of Title 5 of the Delaware Code by inserting the following immediately before the period at the end of section (f):

“, but the Commissioner shall have the authority to reinstate a suspended license or to issue a new license to a licensee whose license shall have been revoked if no fact or condition then exists which would have warranted the Commissioner in refusing originally to issue such license under this chapter”.

Section 7. Amend §2209(b) of Title 5 of the Delaware Code by deleting subsection (b) in its entirety and inserting in lieu thereof the following:

“The Commissioner may temporarily suspend any license pending the issuance of a final order as provided in Chapter 101 of Title 29.”.

Section 8. Amend §2209(c) of Title 5 of the Delaware Code by deleting “a hearing thereon” and inserting in lieu thereof “an opportunity for the licensee to request a hearing in accordance with Chapter 101 of Title 29”.

Section 9. Amend §2209(f) of Title 5 of the Delaware Code by inserting “shall have expired or” between “until the same” and "shall”.

Section 10. Amend §2314 of Title 5 of the Delaware Code by deleting “Revocation of license;” from the section heading and capitalizing the first letter of the word “examination”; and by deleting from the text of that section the first sentence thereof.

Section 11. Amend §2315 of Title 5 of the Delaware Code by deleting that section in its entirety and inserting in lieu thereof the following:

“§2315. Suspension, revocation or surrender of license.

(a) The Commissioner may revoke any license issued hereunder upon finding that:

(1) The licensee has violated any provision of this chapter or any rule or regulation made by the Commissioner under and within the authority of this chapter or of any other law, rule or regulation of this State;

(2) Any fact or condition exists which, if it had existed at the time of the original application for such license, would have warranted the Commissioner in refusing originally to issue such license; or

(3) The licensee has engaged in business activities or practices, in connection with any business for which a license is required under this chapter, which could be deemed unfair or deceptive by nature of intent. Such activities and practices include, but are not limited to, the use of tactics which mislead the consumer, misrepresent the consumer transaction or any part thereof or otherwise create false expectations on the part of the consumer.

(b) The Commissioner may temporarily suspend any license pending the issuance of a final order as provided in Chapter 101 of Title 29.

(c) Except as provided in subsection (b) of this section, no license shall be revoked or suspended except after notice and an opportunity for the licensee to request a hearing in accordance with Chapter 101 of Title 29.

(d) Any licensee may surrender any license by delivering to the Commissioner such license together with written notice that it thereby surrenders such license, but such surrender shall not affect such licensee’s civil or criminal liability for acts committed prior to such surrender.

(e) No revocation, suspension or surrender of any license shall impair or affect the obligation of any preexisting lawful contract between the licensee and any person.

(f) Every license issued hereunder shall remain in force and effect until the same shall have expired or shall have been surrendered, revoked or suspended in accordance with this chapter, but the Commissioner shall have authority to reinstate a suspended license or to issue a new license to a licensee whose license shall have been revoked if no fact or condition then exists which would have warranted the Commissioner in refusing originally to issue such license under this chapter.

(g) Whenever the Commissioner shall revoke or suspend a license issued pursuant to this chapter, the Commissioner shall forthwith execute a written order to that effect. The Commissioner shall forthwith serve the written order upon the licensee. Any such order may be reviewed in the manner provided by Chapter 101 of Title 29.”.

Section 12. Amend §2316 of Title 5 of the Delaware Code by deleting that section in its entirety.

Section 13. Amend §2725 of Title 5 of the Delaware Code by deleting that section in its entirety and inserting in its place the following:

“§2725. Suspension, revocation or surrender of license.