CHAPTER 277

AN ACT TO AMEND TITLE 6, DELAWARE CODE ENTITLED "COMMERCE AND TRADE" RELATING TO LEGAL RATE OF INTEREST.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. § 2301, Title 6, Delaware Code is hereby amended by repealing said section in its entirety and by inserting in lieu thereof a new § 2301 to read as follows

§ 2301.

(a) The legal rate of interest for the loan or use of money, in all cases where no express contract has been made for a less rate, shall be six per cent per annum.

(b) If the rate of interest specifically set forth in any bond, note or other evidence of indebtedness, exclusive of other charges, fees or discounts authorized or permitted under Federal law or under any rule or regulation promulgated pursuant thereto, does not exceed the six per cent (6%) legal rate prescribed in this Section, no person shall, by way of defense or otherwise, avail himself of any of the provisions of this Chapter, to avoid or defeat the payment of any interest or any such charges, fees or discounts, which any such person shall have contracted to pay in respect of any loan insured by the Federal Housing Administration, or the Commissioner thereof, under or pursuant to the provisions of the National Housing Act, approved June 27, 1934, and amendments thereto, or guaranteed by the Veterans Administration, or the Administrator thereof, under and pursuant to Title 38 of the United States Code, and amendments thereto; nor shall anything contained in this Chapter be construed to prevent recovery of any such interest or any such charges, fees or discounts from any person who shall have contracted to pay the same.

Approved May 24, 1960.