Delaware Administrative Code Title 5 - Banking
Here’s an overview of Delaware Administrative Code – Title 5 (Banking), which contains the regulatory rules enacted by the State Bank Commissioner under the authority of statutory Title 5 of the Delaware Code:
📘 Structure & Scope
The Administrative Code (regulations) under Title 5 mirrors the statutory framework in Title 5 of the Delaware Code, covering these major regulatory areas:
100-series: State Bank Commissioner – Authority, definitions, licensing, examinations.
700–804: Banks and Trust Companies – Chartering, corporate rules, bank holding companies, acquisition of interests.
900–905: Business Operations of Banks/Trust Companies – Governance, disclosures, reserve reporting (regulations.delaware.gov, law.cornell.edu).
1100-series: Taxation – Procedures and instructions for bank taxation (regulations.delaware.gov).
Additional series cover Foreign Banks, Credit Card Institutions, Building & Loan Associations, Mortgage Loan Brokers, Licensed Lenders, Check Cashing, Motor Vehicle Financing, and Money & Valuables Transportation—all reflected in Chapters 1400, 1500, 1700–1800, 2100–2400, 2700, 2900, 3200 respectively (law.cornell.edu).
Relationship with Delaware Code
Delaware Code Title 5 (legislative statutes) provides the legal foundation: definitions, powers (§ 121–§ 122), corporate setup (§ 701–703), statutory authority to regulate banks, foreign banks, credit institutions, etc. (delcode.delaware.gov).
Administrative Code Title 5 (regulations) implements those statutes via detailed regulatory provisions—e.g., specific reporting forms, capital rules, licensing processes, supervisory criteria .
Accessing the Regulations
The official online version is available through the Delaware Regulations website under Title 5 – Banking (regulations.delaware.gov).
Chapter 1100 (bank taxation rules) and Chapters 900/800 contain regulatory text affecting financial operations and compliance (regulations.delaware.gov).
Why It Matters
Ensures that Delaware-chartered banking entities comply with state law.
Details requirements for safety, governance, financial reporting, consumer protection, and licensing.
Serves as a guide for legal counsel, compliance officers, and banking professionals operating under Delaware’s jurisdiction.
✅ Next Steps
Would you like:
A breakdown of a specific chapter (e.g. lending regs, foreign bank rules)?
Access links or PDF copies of regulatory chapters?
Comparison between Delaware’s regs and another state’s banking regulations?
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