Terms Used In Delaware Code > Title 5 > Chapter 8 > Subchapter V - Regulation of Delaware Bank Holding Companies

• Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Ballot: means those portions of cardboard, paper or other material to be placed within the ballot frames of a voting machine or to be used for absentee voting in order to list the names of the offices to be voted for, the name of each candidate and the designation of the party by which the candidate is nominated, a space for the voter to write in the name of any candidate of that voter's choice for any office, and the statement of any question submitted with provision for a "yes" or "no" vote. See Delaware Code Title 15 Sec. 101
• Bank holding company: means a company, as defined by the federal Bank Holding Company Act of 1956 (12 U. See Delaware Code Title 5 Sec. 851
• Bar: means any indoor area open to the public operated primarily for the sale and service of alcoholic beverages for on-premises consumption and where the service of food is secondary to the consumption of such beverages. See Delaware Code Title 16 Sec. 2902
• Board: means that body of individuals appointed by the Governor and confirmed by the Senate to serve or who otherwise serve as the State Board of Elections in accordance with Chapter 2 of this title, and are, as such, vested with the responsibility and power to see to the administration of the election laws of this State as more particularly defined in this title. See Delaware Code Title 15 Sec. 101
• Candidate: means a person who seeks nomination for or election to public office, or who has taken action necessary under the law to qualify for nomination or election under the laws of the State, or has authorized the solicitation of any contribution or the making of any expenditure in that person's behalf. See Delaware Code Title 15 Sec. 8002
• Candidate committee: means each political committee formed on behalf of a candidate for public office. See Delaware Code Title 15 Sec. 8002
• Cash: includes currency, money orders, travelers checks and other negotiable instruments that do not disclose on their face the true name of the contributor. See Delaware Code Title 15 Sec. 8002
• Chapter: includes , in addition to the provisions of this chapter, the rules and regulations made by the Commissioner. See Delaware Code Title 15 Sec. 8002
• Child: means a person who has not reached the age of 18 years. See Delaware Code Title 1 Sec. 302
• Clearly identified candidate: means that the name, a photograph or a drawing of the candidate appears or the identity of the candidate is otherwise apparent by unambiguous reference. See Delaware Code Title 15 Sec. 8002
• Commissioner: means the State Election Commissioner, or the designee of the Commissioner. See Delaware Code Title 15 Sec. 8002
• Communications media: means television, radio, newspaper or other periodical, sign, Internet, mail or telephone. See Delaware Code Title 15 Sec. 8002
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contract: A legal written agreement that becomes binding when signed.
• Contribution: means any advance, deposit, gift, expenditure or transfer, of money or any other thing of value, to or for the benefit of any candidate or political committee involved in an election, including without limitation any:

  a. See Delaware Code Title 15 Sec. 8002

• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Delaware bank holding company: means a bank holding company with bank subsidiaries whose operations are principally conducted in Delaware. See Delaware Code Title 5 Sec. 851
• Department: means the Department of Health and Social Services. See Delaware Code Title 16 Sec. 3003B
• Department: means the State Department of Elections, consisting of the State Board of Elections and such staff as the Board shall appoint under this title, but shall not include the State Election Commissioner. See Delaware Code Title 15 Sec. 101
• Director: means the Director of the Division of Public Health, or such persons as may be designated by the Director. See Delaware Code Title 16 Sec. 101
• Division: means the Division of Public Health. See Delaware Code Title 16 Sec. 101
• Donor: The person who makes a gift.
• Election: means the action by qualified voters of the State either to nominate by vote a candidate for public office or to select a candidate to fill a public office, whether in a primary, general or special election. See Delaware Code Title 15 Sec. 8002
• Election officers: means the inspector of election, the 2 judges of election and the clerks of election who are appointed for each election district under § 4702 of this title. See Delaware Code Title 15 Sec. 101
• Election period: means :

  a. See Delaware Code Title 15 Sec. 8002

• Electioneering communication: means a communication by any individual or other person (other than a candidate committee or a political party) that:

  1. See Delaware Code Title 15 Sec. 8002

• Electronic smoking device: means any product containing or delivering nicotine or any other similar substance intended for human consumption that can be used by a person to simulate smoking through inhalation of vapor or aerosol from the product. See Delaware Code Title 16 Sec. 2902
• Eligible person: means an individual eligible for the Delaware Prescription Drug Payment Assistance Program under § 3004B of this title. See Delaware Code Title 16 Sec. 3003B
• Employer: means any person, partnership, association, corporation or nonprofit entity that employs 1 or more persons, including the legislative, executive and judicial branches of state government; any county, city, town, village or any other political subdivision of the State, public improvement or special district, public authority, commission, agency or public benefit corporation; or any other separate corporate instrumentality or unit of state or local government. See Delaware Code Title 16 Sec. 2902
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Expenditure: means any payment made or debt incurred, by or on behalf of a candidate or political committee, or to assist in the election of any candidate or in connection with any election campaign. See Delaware Code Title 15 Sec. 8002
• Food service establishment: means any indoor area open to the public or portion thereof in which the principal business is the sale of food for on-premises consumption including, but not limited to, restaurants, cafeterias, coffee shops, diners, sandwich shops or short order cafes. See Delaware Code Title 16 Sec. 2902
• Fraud: Intentional deception resulting in injury to another.
• Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. ^{Source: OCC}
• general election: shall include any annual election for 1 or more members of a school board pursuant to § 1072(c) of Title 14. See Delaware Code Title 15 Sec. 8002
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Independent expenditure: means any expenditure made by any individual or other person (other than a candidate committee or a political party) expressly advocating the election or defeat of a clearly identified candidate, which is made without cooperation or consultation with any candidate, or any committee or agent of such candidate, and which is not made in concert with, or at the request or suggestion of, any candidate or any committee or agent of such candidate. See Delaware Code Title 15 Sec. 8002
• Indoor area open to the public: means any indoor area or portion thereof generally accessible to the public. See Delaware Code Title 16 Sec. 2902
• Inspector: means inspector of elections. See Delaware Code Title 15 Sec. 101
• Institution: means a national bank whose principal place of business is located in Delaware or a Delaware-chartered bank or bank and trust company. See Delaware Code Title 5 Sec. 851
• Judge: means judge of elections. See Delaware Code Title 15 Sec. 101
• Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Local office: means any political district smaller than the State, including municipal, county, state representative or state senatorial. See Delaware Code Title 15 Sec. 101
• Mailing address: means a physical mailing address, and shall not include a post office box. See Delaware Code Title 15 Sec. 8002
• Medicare Part D costs: means monthly premiums, deductibles, and those drug costs falling into Part D coverage gap up to the Program benefit limits and subject to program co-pay requirements as described in § 3005B(a)(4) of this title. See Delaware Code Title 16 Sec. 3003B
• Membership communication: means a newsletter or periodical, telephone call, or any other communication distributed solely to the members, shareholders, or employees of an organization or institution. See Delaware Code Title 15 Sec. 8002
• National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. ^{Source: OCC}
• Oath: includes affirmation in all cases where an affirmation may be substituted for an oath, and "sworn" includes affirmed; and the forms shall be varied accordingly. See Delaware Code Title 1 Sec. 302
• Oath: A promise to tell the truth.
• Officer: means :

  a. See Delaware Code Title 15 Sec. 8002

• Oversight: Committee review of the activities of a Federal agency or program.
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: includes any individual, corporation, company, incorporated or unincorporated association, general or limited partnership, society, joint stock company, and any other organization or institution of any nature. See Delaware Code Title 15 Sec. 8002
• Place of employment: means any indoor area or portion thereof under the control of an employer in which employees of the employer perform services but that is not generally accessible to the public. See Delaware Code Title 16 Sec. 2902
• Political action committee: means a political committee which is neither a political party nor a candidate committee. See Delaware Code Title 15 Sec. 8002
• Political committee: means :

  a. See Delaware Code Title 15 Sec. 8002

• political party: includes all constituent parts of such party, including the statewide, county, regional, municipal and district committees, all finance committees and all other committees, subdivisions and organizations related to the political party. See Delaware Code Title 15 Sec. 8002
• political party: means any political organization which elects a state committee and officers of a state committee, by a state convention composed of delegates elected from each representative district in which the party has registered members, and which nominates candidates for electors of President and Vice-President, or nominates candidates for offices to be decided at the general election. See Delaware Code Title 15 Sec. 101
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Prescription drugs: means drugs that are self-administered or administered by a lay person that have been approved as safe and effective by the Federal Food and Drug Administration or are otherwise legally marketed in the United States. See Delaware Code Title 16 Sec. 3003B
• Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
• Primary election: means an election at which voters registered as members of a major political party may vote to determine the nominees of that political party for the general election. See Delaware Code Title 15 Sec. 101
• Program: means the Prescription Drug Payment Assistance Program. See Delaware Code Title 16 Sec. 3003B
• Protective counter: means a separate counter built into the voting machine, which cannot be reset, which records the total number of movements of the operating lever. See Delaware Code Title 15 Sec. 101
• Public building: means any building owned or operated by the State, including the legislative, executive and judicial branches of state government; any county, city, town, village or any other political subdivision of the State, public improvement or special district, public authority, commission, agency or public benefit corporation; or any other separate corporate instrumentality or unit of state or local government. See Delaware Code Title 16 Sec. 2902
• Public office: means an office of this State or any political subdivision thereof which is required by law to be determined by an election. See Delaware Code Title 15 Sec. 8002
• Publicly distributed: means aired, broadcast, delivered or otherwise disseminated to members of the public. See Delaware Code Title 15 Sec. 8002
• Responsible party: means any natural person who shares or exercises discretion or control over the activities of any entity required to file reports in accordance with this chapter, and shall include any officer, director, partner, proprietor or other natural person who exercises discretion or control over the activities of such entity. See Delaware Code Title 15 Sec. 8002
• School board: means the board of education of a reorganized school district consisting of members duly elected or appointed in accordance with Title 14. See Delaware Code Title 15 Sec. 8002
• Secretary: means the Secretary of the Department of Health and Social Services or such persons as may be designated by the Secretary. See Delaware Code Title 16 Sec. 101
• Sign: means any outdoor billboard, panel or similar display having an area of at least 3 square feet. See Delaware Code Title 15 Sec. 8002
• Signature: means both a written signature conforming to § 302(23) of Title 1 and a digital or electronic signature that is an electronic sound, symbol or process attached to or logically associated with a document and executed or adopted by a person with the intent to sign the document as specified by the State Election Commissioner. See Delaware Code Title 15 Sec. 101
• Smoking: means :

  a. See Delaware Code Title 16 Sec. 2902

• Special election: means :

  a. See Delaware Code Title 15 Sec. 8002

• State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
• Subcommittee: means the Reports Appeals Subcommittee of the State Board of Elections. See Delaware Code Title 15 Sec. 101
• Tavern: includes inn. See Delaware Code Title 1 Sec. 302
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Third-party advertisement: means an independent expenditure or an electioneering communication. See Delaware Code Title 15 Sec. 8002
• Treasurer: means the individual appointed by a candidate to assist the candidate with the duties imposed by this chapter. See Delaware Code Title 15 Sec. 8002
• United States: includes its territories and possessions and the District of Columbia. See Delaware Code Title 1 Sec. 302
• Vapor establishment: means a business that:

  a. See Delaware Code Title 16 Sec. 2902

• Year: means a calendar year, and is equivalent to the words "year of our Lord. See Delaware Code Title 1 Sec. 302