CHAPTER 268

FORMERLY

HOUSE BILL NO. 265

AN ACT TO AMEND CHAPTERS 1, 7, 9, 17, 20, 21, 29, TITLE 5, DELAWARE CODE, RELATING TO CERTAIN STATUTORY FEES CHARGED BY THE OFFICE OF STATE BANK COMMISSIONER.

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

Section 1. Amend §127 of Chapter 1, Title 5, Delaware Code, by striking the first sentence of said section in its entirety and substituting in lieu thereof a new sentence to read as follows:

"The Commissioner shall charge each institution examined by him or by his direction, and each institution shall pay to the Commissioner, a fee computed on the following basis: $350 on the first $1,000,000 of its assets or fraction thereof, and 4 cents on each $1,000 of its assets over $1,000,000 for each examination made by the Commissioner, and an additional charge of $50 for the examination of each branch office maintained by the institution."

Section 2. Amend §735 of Chapter 7, Title 5, Delaware Code, by striking the figure "50" as the same appears in the second paragraph and substituting in lieu thereof the figure "5000".

Section 3. Amend §735 of Chapter 7, Title 5, Delaware Code, by adding at the end of the second paragraph the following new sentences which shall read as follows:

"In addition the applicant shall pay an investigation fee of $1,000 which shall not be refundable and shall be submitted with the application."

Section 4. Amend Chapter 7 of Title 5, Delaware Code, by adding thereto a new section to be designated as §752 which new section shall read as follows:

§752. Fees for merger, consolidation or acquisition of assets and assumption of liabilities

The Commissioner shall charge the resulting bank a fee of $2000 for the approval of a merger, consolidation or acquisition of assets and assumption of liabilities. In addition, the applicant (resulting bank) shall pay an investigation fee of $1000 which shall not be refundable and shall be submitted with the application."

Section 5. Amend §770(a) of Chapter 7, Title 5, Delaware Code, by striking the figure "50" as the same appears in the second paragraph of said paragraph (a) and insert in lieu thereof a new figure to read "500".

Section 6. Amend §770(a) of Chapter 7, Title 5, Delaware Code, by adding thereto a new sentence immediately following the second paragraph of said paragraph (a) to read as follows:

"In addition, the applicant shall pay an investigation fee of $500 which shall not be refundable and shall be submitted with the application."

Section 7. Amend Subchapter V of Chapter 7, Title 5, Delaware Code, by adding thereto a new section to be designated as §792 to read as follows:

"§792. Fees for merger, consolidation or conversion of national state bank or trust company.

The resulting bank shall pay to the Office of the State Bank Commissioner a fee of $5000 for use of the State upon approval of a merger, consolidation or conversion. In addition, the resulting bank shall pay an investigation fee of $1000 which shall not be refundable and shall be submitted with the application."

Section 8. Amend §933(a) of Chapter 9, Title 5,

Delaware Code, by striking the figure "50" as the same appears in the second paragraph of said paragraph and substituting in lieu thereof the figure "500".

Section 9. Amend §933(a) of Chapter 9, Title 5,

Delaware Code, by adding thereto immediately following the second paragraph the following new sentence:

"In addition the applicant shall pay an investigation fee of $500 which shall not be refundable and shall be submitted with the application."

Section 10. Amend §1722 of Subchapter II, Chapter

17, Title 5, Delaware Code, by striking the figure "5" as the same appears in the first sentence of said section and substituting in lieu thereof the figure $100.

Section 11. Amend §1722 of Subchapter II, Chapter 17, Title 5, Delaware Code, by striking the figure "100" as the same appears in the second sentence of said section and substituting in lieu thereof the figure "500".

Section 12. Amend §1723 of Chapter 17, Title 5, Delaware Code, by designating all of the present paragraph of said section as paragraph (a) and inserting a new paragraph to be designated as paragraph (b) which shall read as follows:

"(b) An applicant shall pay to the Office of the State Bank Commissioner a fee of $1000 for use of the State upon approval of the application. In addition, the applicant shall pay an investigation fee of $500 which shall not be refundable and shall be submitted with the application."

Section 13. Amend §2011(a) of Chapter 20, Title 5, Delaware Code, by striking the figure "50" as the same appears in the second paragraph of said paragraph (a) and substituting in lieu thereof the figure "500".

Section 14. Amend §2011(a) of Chapter 20, Title 5, Delaware Code, by adding thereto a new sentence immediately following the second paragraph of said paragraph (a) to read as follows:

"In addition, the applicant shall pay an investigation fee of $500 which shall not be refundable and shall be submitted with the application."

Section 15. Amend Chapter 20 of Title 5, Delaware Code, by adding thereto a new section to be designated as §2012 to read as follows:

"§2012. Fees for merger, consolidation or conversion

The resulting association shall pay to the Office of State Bank Commissioner a fee of $1000 upon approval of a merger, consolidation or conversion. In addition, the resulting association shall pay an investigation fee of $500 which shall not be refundable and shall be submitted with the application."

Section 16. Amend §2102 of Chapter 21, Title 5, Delaware Code, by striking the third sentence in its entirety and substituting in lieu thereof a new sentence to read as follows:

"Each applicant for the certificate of registration shall pay to the State Bank Commissioner a registration fee of $250 which fee shall accompany the application and shall not be refundable."

pears in said section and substituting in lieu thereof the figure "100".

Section 18. Amend §2902 (c) of Chapter 29, Title 5, Delaware Code, by striking said paragraph (c) in its entirety and substituting in lieu thereof a new paragraph (c) to read as follows:

"(c) The license fee for each calendar year or part thereof shall be the sum of $250 for the principal place of business of the licensee and the sum of $100 for each branch of the licensee maintained in this State.

In addition, the original application for the initial license shall be accompanied by an investigation fee in the amount of $250 which shall not be refundable."

Section 19. Amend §3108 of Chapter 31, Title 5, Delaware Code, by striking said section in its entirety and substituting in lieu thereof a new section to read as follows:

"§3108. Fee for application, investigation and license

(a) Each applicant shall pay to the Office of the State Bank Commissioner an investigation fee of $250, which shall not be refundable and shall accompany the original application for the initial license.

(b) Upon approval the applicant shall pay annual license fee of $250 which shall be payable annually thereafter."

Approved July 11,1975