TITLE 5

Banking

Building and Loan Associations

CHAPTER 17. REGULATION

Subchapter II. License to Do Business


No person shall engage in the business of a building and loan association, or a business similar to that of a building and loan association, within the limits of the State until a license has been obtained or the registration requirements fulfilled as provided in this subchapter.

32 Del. Laws, c. 107, § 9; 37 Del. Laws, c. 133, § 2; Code 1935, § 2344; 5 Del. C. 1953, § 1721; 68 Del. Laws, c. 105, § 8.;

Every building and loan association created under this Code or any other law of this State, and doing business in this State, shall pay to the State Bank Commissioner, for the use of the State, at the time of filing its annual report, an annual license fee of $115. Every building and loan association, or a business similar to that of a building and loan association, created under the laws or regulations of any other state or federal agency and doing business within the boundaries of this State shall pay to the State Bank Commissioner, for the use of the State, at the time of filing its annual report, an annual registration fee of $575.

32 Del. Laws, c. 107, § 10; Code 1935, § 2345; 5 Del. C. 1953, § 1722; 60 Del. Laws, c. 268, §§ 10, 11; 67 Del. Laws, c. 260, § 1; 68 Del. Laws, c. 105, § 9.;

(a) Every person, desiring to obtain a license under this chapter, shall file with the Commissioner an application in writing in such form as may be prescribed by the Commissioner, which application must demonstrate public convenience and advantage which will be satisfied by the approval of such application. Before a license shall be issued by the Commissioner, the Commissioner shall make, or cause to be made, an investigation of the condition and affairs of the applicant and its general plan of operation. The Commissioner shall investigate the moral character and general fitness of the applicant, if an individual, and of the members of a partnership or association, and of the directors, managers, trustees, and other officers of every applicant, to discharge the duties reposed in them, and may examine any or all of them under oath. The Commissioner shall require the applicant to enter into written agreement with him or her for a business plan, describing the management, operations and investments. The business plan shall include financial projections of the proposed licensee for the first 3 years of operation and the plan, as a minimum, shall conform with the requirements of 12 C.F.R. § 571.6(b) as existing on the effective date hereof. Unless the State Bank Commissioner is satisfied as to the character and general fitness of the managing officers of the applicant to honestly and efficiently carry on its business, and that the plan of operation is financially and mathematically sound, and that the contracts or obligations issued or to be issued are practicable and possible of fulfillment, and of such nature as to insure the repayment of the principal amount or amounts actually paid in by the subscriber or purchaser, together with a reasonable profit or accumulation of interest within a reasonable time after notice and demand by the subscriber or purchaser, and is equitable and nonoppressive, the Commissioner shall refuse the license, and forthwith notify the applicant of such refusal, and specify in the notice the cause or causes thereof.

(b) An applicant shall pay to the office of the State Bank Commissioner a fee of $1,150 for use of the State upon approval of the application. In addition, the applicant shall pay an investigation fee of $575 which shall not be refundable and shall be submitted with the application.

(c) No new license required under § 1721 of this title shall be issued after July 15, 1991.

32 Del. Laws, c. 107, § 18; 33 Del. Laws, c. 112, § 2; Code 1935, § 2353; 5 Del. C. 1953, § 1723; 60 Del. Laws, c. 268, § 12; 65 Del. Laws, c. 13, § 3; 67 Del. Laws, c. 260, § 1; 68 Del. Laws, c. 105, § 10; 70 Del. Laws, c. 186, § 1.;

If it appears from the annual statement filed with the State Bank Commissioner, that a building and loan association is in a safe or solvent condition, is transacting business in compliance with the law, and payment of the annual renewal license or registration fee as prescribed in § 1722 of this title has been made, then the Commissioner shall issue to the association a license authorizing it to transact its business in this State for 1 year from the date thereof unless the Commissioner deems it necessary, for the protection of the shareholders of the association, or of the public, to sooner revoke the same, which the Commissioner is empowered to do.

32 Del. Laws, c. 107, § 13; Code 1935, § 2348; 5 Del. C. 1953, § 1724; 68 Del. Laws, c. 105, § 11; 70 Del. Laws, c. 186, § 1.;

If any building and loan association violates this chapter, or any law of the State, the State Bank Commissioner may revoke or withhold its license to do business.

32 Del. Laws, c. 107, § 17; Code 1935, § 2352; 5 Del. C. 1953, § 1725.;

Whoever, being an agent or officer of any building and loan association which has not obtained authority to do business in this State under this chapter, or the authority of which has been revoked by the State Bank Commissioner, solicits or carries on business for the association in this State, shall be fined not less than $25 per violation.

32 Del. Laws, c. 107, § 21; Code 1935, § 2356; 5 Del. C. 1953, § 1726; 68 Del. Laws, c. 105, § 12; 72 Del. Laws, c. 15, § 25.;

No building and loan association whose total assets exceed $7,000,000 or registered office of an association created under the laws of any other state may engage in business within this State unless its shares, savings accounts, savings certificates and other types of share or deposit accounts offered are federally insured. Before an institution which is not federally insured receives funds from a new shareholder, investor, member, subscriber and/or depositor, the institution shall obtain the signature of such person upon a disclosure, on a form approved by the State Bank Commissioner, advising such person that the funds deposited with that institution are not federally insured.

65 Del. Laws, c. 13, § 1; 67 Del. Laws, c. 55, § 3; 68 Del. Laws, c. 105, § 13; 69 Del. Laws, c. 40, §§ 1, 2; 72 Del. Laws, c. 15, § 26; 74 Del. Laws, c. 4, § 1; 75 Del. Laws, c. 181, § 1.;