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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsOctober 2016

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(5 Del.C. §§121(b), 2112, 2210(e), 2741, and 2906(e))
5 DE Admin. Code 2101, 2201, 2701 and 2901
IT IS HEREBY ORDERED, this 7th day of September, 2016, that amended Regulations 2101, 2201, 2701 and 2901 are adopted as Regulations of the State Bank Commissioner. The effective date of each of these Regulations is October 13, 2016. These Regulations are adopted by the State Bank Commissioner in accordance with Title 5 of the Delaware Code and pursuant to the requirements of Chapters 11 and 101 of Title 29 of the Delaware Code, as follows:
Robert A. Glen, State Bank Commissioner
5 Del.C. §2906(e)
1.1 Lease Contracts. 5 Del.C. Ch. 29 applies to a lease contract only when:
1.2 5 Del.C. Ch. 29 applies to all motor vehicles meeting the definition of that term in 5 Del.C. §2901(1) regardless of whether the intended use is personal or commercial.
2.1 All licensees shall comply with 5 Del.C. Ch. 29, all regulations issued thereunder, and all other applicable State and federal statutes and regulations.
3.0 Display of License
4.03.0 Security Interest Satisfaction
5.04.0 Insurance
54.1 Credit Life and Health Insurance
54.1.1 A licensee may offer credit life and health insurance to qualified borrowers. Such insurance transactions shall conform to Title 18 of the Delaware Code and all applicable Insurance Commissioner Regulations.
54.1.2 Every licensee offering credit life and health insurance whose charges do not conform to those authorized by Title 18 of the Delaware Code shall maintain in each office a copy of a submission to the Insurance Commissioner requesting the non-conforming charge and the Insurance Commissioner's approval of those charges.
54.1.3 Credit life insurance refunds shall be calculated as of the date of death except as permitted by 18 Del.C. §3705(b)(4).
54.1.4 Credit health insurance payments received by a licensee shall be applied to the account for the period the payment actually covers regardless of the date of receipt. Additional interest charges shall not accrue if payment is received after the payment due date.
54.2 A licensee may offer, but not require, only such other insurance products as the State Bank Commissioner may, upon written approval, permit.
54.3 Any licensee may require proof of insurance coverage for any loan secured by a motor vehicle or other collateral. The borrower has the right to submit any existing policy(s) naming the licensee as beneficiary, provided such policy is acceptable to the licensee as to coverage, term and carrier. Upon notification to the licensee of cancellation of any policy, the licensee may place coverage to protect the licensee's interest. The borrower shall be informed of such placement and any amount expended shall be due and payable by the borrower before a loan may be satisfied. A licensee may, if requested by the borrower, place such insurance coverage as is necessary to protect the licensee's interest at the inception of the loan.
54.4 Any insurance authorized by this regulation, other than the insurance coverage authorized by §5.3 §4.3 of this regulation, must be specifically requested by the borrower in writing. This request must be attached to, or part of, the loan application.
6.05.0 Negative Equity Financing
7.06.0 Advertising
76.1 A licensee shall not advertise in any way that is false, misleading or deceptive.
76.2 Any advertising that in any way falsely indicates that its source or origin is a government agency or the recipient’s existing lender is prohibited.
76.3 A licensee shall not advertise any credit terms that are not available.
8.07.0 Internet Websites
9.08.0 Information Security
109.0 Repossession Policy
Each licensee shall comply in all respects with 6 Del.C. Article 9, Secured Transactions, Part 6, Default.
1110.0 Examination Fees and Supervisory Assessments
1110.1 The Commissioner may examine licensees pursuant to 5 Del.C. §§122 and 2906. The cost of such examinations are assessed in accordance with 5 Del.C. §127(a). A licensee shall remit payment not later than 30 days after the date of the examination invoice.
1110.2 The Commissioner shall assess each licensee a supervisory assessment fee, which is due and payable on August 1 of each year, in accordance with 5 Del.C. §127(b).
1110.3 Failure to remit timely payment of any examination fee or supervisory assessment will result in a penalty of 0.05 percent of the amount unpaid for each day that such fee or assessment remains unpaid after the due date, in accordance with 5 Del.C. §127(a) and (b).
1211.0 Examination Responses
Last Updated: December 31 1969 19:00:00.
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