Terms Used In Delaware Code > Title 6 > Article 4A - Funds Transfers

• Access device: means any card, plate, code, account number or other means of access that can be used, alone or in conjunction with another access device, to obtain payments, allotments, benefits, money, goods or other things of value, or that can be used to initiate a transfer of funds under the federal Food Stamp Act [7 U. See Delaware Code Title 31 Sec. 612
• Acquittal:
  1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
  2. A verdict of "not guilty."
   
• Affixing agent: means any tobacco products dealer or any other person within or without this State appointed by the Department of Finance as an agent to affix the stamps to be used in paying the excise tax imposed by this chapter. See Delaware Code Title 30 Sec. 5301
• Amortization: Paying off a loan by regular installments.
• Applicant: shall mean any person filing an application for registration of a trademark under this chapter, the applicant's legal representatives, successors or assigns. See Delaware Code Title 6 Sec. 3302
• Area: means the State. See Delaware Code Title 31 Sec. 4001
• Attorney-at-law: A person who is legally qualified and licensed to practice law, and to represent and act for clients in legal proceedings.
• Authority: means a public body corporate or politic, organized in accordance with Chapter 43 or 45 of this title for a purpose, with the powers and subject to the restrictions set forth in those chapters, including a community exercising the powers and duties of a slum clearance and redevelopment authority; provided however, that "Authority" shall not mean the Delaware State Housing Authority. See Delaware Code Title 31 Sec. 4001
• Billing period: means the payment cycle agreed to by the parties, or, in the absence of an agreement, the calendar month within which the work is performed. See Delaware Code Title 6 Sec. 3501
• Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
• Child: means a person who has not yet attained the child's eighteenth birthday. See Delaware Code Title 31 Sec. 301
• Child day-care center: means a facility designed and prescribed to meet the daily physical, mental and social needs of children from infancy through 6 years, who would be eligible to be served, in a consistent, wholesome and efficient manner. See Delaware Code Title 31 Sec. 390
• Cigarette: means any roll for smoking made wholly or in part of tobacco, irrespective of size or shape, and irrespective of the tobacco being flavored, adulterated, or mixed with any other ingredient, the wrapper or cover of which is made of paper or any other substance or material except tobacco. See Delaware Code Title 30 Sec. 5301
• Clerk of the peace: means the clerk of the peace of the county, Kent or Sussex, in which the park district is located. See Delaware Code Title 9 Sec. 702
• Commission: means the park commission of a park district established by an election under the provisions of this chapter. See Delaware Code Title 9 Sec. 702
• Community: means any municipality or county in this State. See Delaware Code Title 31 Sec. 4001
• Community facilities: include lands, buildings and equipment for recreation or social assembly, for educational, health or welfare activities and other necessary utilities primarily for use and benefit of the occupants of housing accommodations to be constructed and operated under this chapter. See Delaware Code Title 31 Sec. 4001
• Conservation Trust Fund: means the Delaware Land and Water Conservation Trust Fund established and maintained pursuant to this subchapter. See Delaware Code Title 30 Sec. 5421
• Consumer: means any person who has possession of tobacco products for any purpose other than transportation or sale. See Delaware Code Title 30 Sec. 5301
• Contractor: includes , but is not limited to, an architect, engineer, real estate broker or agent, subcontractor or other person, who enters into any contract with another person to furnish labor and/or materials in connection with the erection, construction, completion, alteration or repair of any building or for additions to a building, by such contractor, or for the sale to such other person of any lands and premises, whether owned by such contractor or another, upon which such contractor undertakes to erect, construct, complete, alter or repair any building or addition to a building. See Delaware Code Title 6 Sec. 3501
• Council: means the State Council on Housing. See Delaware Code Title 31 Sec. 4001
• County government: means the county governing body. See Delaware Code Title 9 Sec. 702
• Court: means the Court of Chancery. See Delaware Code Title 6 Sec. 3314
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Department: means the Department of Finance. See Delaware Code Title 30 Sec. 5301
• Department: means the Department of Natural Resources and Environmental Control. See Delaware Code Title 30 Sec. 5421
• Department: means the Department of Finance. See Delaware Code Title 30 Sec. 101
• Department of Finance: means the Department of Finance of New Castle County in which the park district is located. See Delaware Code Title 9 Sec. 702
• Dependent: A person dependent for support upon another.
• dependent child: is a s defined in § 901 of Title 10. See Delaware Code Title 31 Sec. 301
• Director: means the Director of the Division of Revenue or the Secretary of Finance of the State. See Delaware Code Title 30 Sec. 502
• Director: means Secretary of the Department of Health and Social Services. See Delaware Code Title 31 Sec. 101
• Distributor: means any of the following:

  a. See Delaware Code Title 30 Sec. 5301

• Division of Revenue: means the Division of Revenue of the Department of Finance of the State. See Delaware Code Title 30 Sec. 502
• Document: means any deed, instrument or writing whereby any real estate within this State, or any interest therein, shall be quitclaimed, granted, bargained, sold, or otherwise conveyed to the grantee, but shall not include the following:

  a. See Delaware Code Title 30 Sec. 5401

• DSHA: means the Delaware State Housing Authority created by § 4010 of this title. See Delaware Code Title 31 Sec. 4001
• Endowment Account: means the account by that name created within the Conservation Trust Fund pursuant to § 5423 of this title. See Delaware Code Title 30 Sec. 5421
• Energy service agreement: means a contract between a homeowner and an energy service company by which the energy service company is to provide residential heating fuel to the homeowner's home and/or service the residential heating system. See Delaware Code Title 6 Sec. 3401
• Energy service company: means any person engaged in the sale of residential heating fuel and/or the service of residential heating systems. See Delaware Code Title 6 Sec. 3401
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Federal government: means the United States or any agency or instrumentality, corporate or otherwise, of the United States. See Delaware Code Title 31 Sec. 4001
• Federal mortgage: means a mortgage loan for land development or for residential housing made by the United States or an instrumentality thereof to make such a mortgage loan. See Delaware Code Title 31 Sec. 4001
• Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. ^{Source: OCC}
• Federally insured mortgage: means a mortgage loan for land development or for residential housing insured or guaranteed by the United States or an instrumentality thereof, or a commitment by the United States or an instrumentality thereof to insure such a mortgage. See Delaware Code Title 31 Sec. 4001
• First-time home buyer: means any 1 of the following:

  a. See Delaware Code Title 30 Sec. 5401

• Fiscal year: means , in the case of DSHA, a period of 12 calendar months beginning and ending on such dates as DSHA shall determine prior to the issuance of its bonds, notes or other obligations pursuant to this chapter, and in the case of the State, shall mean the fiscal year of the State as may at any time be provided by law. See Delaware Code Title 31 Sec. 4001
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Government: includes the State and federal governments and any subdivision, agency or instrumentality, corporate or otherwise, of either of them. See Delaware Code Title 31 Sec. 4001
• Grantee: includes every person to whom a freehold estate or interest is conveyed. See Delaware Code Title 1 Sec. 302
• Grantor: includes every person by whom a freehold estate or interest is conveyed. See Delaware Code Title 1 Sec. 302
• Grantor: The person who establishes a trust and places property into it.
• 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.
• Hotel: means any person engaged in the business of operating a place where the public may, for a consideration, obtain sleeping accommodations and meals and which has at least 6 permanent bedrooms for the use of guests, excluding, however, any charitable, educational or religious institution, summer camp for children, hospital or nursing home. See Delaware Code Title 30 Sec. 6101
• Housing development: means living accommodations provided or to be provided pursuant to this chapter for 2 or more families by a housing sponsor. See Delaware Code Title 31 Sec. 4001
• Housing development costs: means the sum total of all costs incurred in the development of a housing development, which are approved by DSHA as reasonable and necessary, which costs shall include, but are not necessarily limited to:

  a. See Delaware Code Title 31 Sec. 4001

• Housing Director: means the Housing Director appointed pursuant to § 8603 of Title 29. See Delaware Code Title 31 Sec. 4001
• Housing sponsor: means individuals, public bodies, joint ventures, partnerships, limited partnerships, trusts, firms, associations or other legal entities or any combination thereof, corporations, cooperatives and condominiums, approved by DSHA, as qualified, either to own, construct, acquire, rehabilitate, operate, manage or maintain a housing development whether nonprofit or organized for limited profit and subject to the regulatory powers of DSHA and other terms and conditions set forth in this chapter. See Delaware Code Title 31 Sec. 4001
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• Infancy: means an age of less than 18 years. See Delaware Code Title 1 Sec. 302
• Infant: means a person who has not reached the age of 18 years. See Delaware Code Title 1 Sec. 302
• Infrastructure Account: means the account by that name created within the Conservation Trust Fund pursuant to § 5423 of this title. See Delaware Code Title 30 Sec. 5421
• Issuing officer: means the Housing Director. See Delaware Code Title 31 Sec. 4001
• Knowledge: means a person's actual knowledge of a fact, rather than the person's constructive knowledge of the fact. See Delaware Code Title 6 Sec. 17-101
• Land development: means the process of acquiring land for residential housing construction, and of making, installing or constructing nonresidential housing improvements including, without limitation, waterlines and water supply installations, sewer lines and sewage disposal installations, steam, gas and electric lines and installations, roads, streets, curbs, gutters, sidewalks, whether on or off the site, which DSHA deems necessary or desirable to prepare such land for residential housing within this State. See Delaware Code Title 31 Sec. 4001
• last known address: shall mean the address determined under paragraph (b)(6)a. See Delaware Code Title 30 Sec. 502
• Legal voter: means every citizen resident in a proposed or existing park district, who would be entitled at the time of holding an election under this chapter to register and vote in any election district of which a proposed or existing park district is a part at a general election, if such general election were to be held at the time of any election under this chapter, whether or not he or she is at that time a registered voter. See Delaware Code Title 9 Sec. 702
• Mark: shall include any trademark or service mark entitled to registration under this chapter, whether registered or not. See Delaware Code Title 6 Sec. 3302
• Maternal death: includes pregnancy-related death and pregnancy-associated death. See Delaware Code Title 31 Sec. 301
• Member: means a person who is admitted to a limited liability company as a member as provided in § 18-301 of this title, and includes a member of the limited liability company generally and a member associated with a series of the limited liability company. See Delaware Code Title 6 Sec. 18-101
• Moneys or funds: includes , but is not limited to, the entire amount of all moneys or funds received by a contractor, as defined in this section, who, being the owner of the legal title to lands and premises, receives, in connection with a contract for the sale thereof and for the erection, construction, completion, alteration or repair of any building or addition thereon by such contractor, any moneys or funds by way of a loan or advance upon the security of such lands and premises for the purpose of such erection, construction, completion, alteration or repair, or who receives from the other contracting party or vendee any deposit or sum of money on account of the purchase or contract price, and no part of such moneys or funds shall be deemed or construed applicable to the payment of the cost or selling price of land, unless that part of the contract price or selling price applicable to cost or selling price of land, be specifically so stated in the contract. See Delaware Code Title 6 Sec. 3501
• Mortgage: means any instrument which secures an obligation and constitutes a lien on real property or on a leasehold under a lease having a remaining term, at the time such mortgage is acquired, which does not expire for at least that number of years beyond the maturity date of the obligation secured by such mortgage as is equal to the number of years remaining until the maturity date of such obligation. See Delaware Code Title 31 Sec. 4001
• Mortgage lender: means any bank or trust company, savings bank, national banking association, savings and loan association, Federal National Mortgage Association or Federal Home Loan Mortgage Corporation, approved mortgage banker, building and loan association or any insurance company authorized to transact business in the State. See Delaware Code Title 31 Sec. 4001
• Mortgage loan: means an interest-bearing obligation secured by a mortgage, and a note or bond which is a first lien on land and improvements in the State constituting single family or multi-family units. See Delaware Code Title 31 Sec. 4001
• Mortgage loan: A loan made by a lender to a borrower for the financing of real property. ^{Source: OCC}
• Mortgagee: The person to whom property is mortgaged and who has loaned the money.
• Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
• Motel: means any person engaged in the business of furnishing, for a consideration, transient guests with sleeping accommodations, bath and toilet facilities, linen service and a place to park an automobile. See Delaware Code Title 30 Sec. 6101
• Municipality: means any city, town or county in the State. See Delaware Code Title 31 Sec. 4001
• 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.
• Obligee: includes any bondholder, agents or trustees for any bondholders or lessor demising to the property of DSHA used in connection with a project, or any assignee or assignees of such lessor's interest or any part thereof, and the federal government when it is a party to any contract with DSHA. See Delaware Code Title 31 Sec. 4001
• Occupancy: means the use or possession or the right to the use or possession by any person other than a permanent resident of any room or rooms in a hotel, motel or tourist home for any purpose or the right to the use or possession of the furnishings or to the services and accommodations accompanying the use and possession of the room or rooms. See Delaware Code Title 30 Sec. 6101
• Occupant: means any person other than a permanent resident who for a consideration, uses, possesses or has a right to use or possess any room or rooms in a hotel, motel or tourist home under any lease, concession, permit, right of access, license or agreement. See Delaware Code Title 30 Sec. 6101
• Open Space Program: means the program to carry out the purpose of Chapter 75 of Title 7, the Delaware Land Protection Act. See Delaware Code Title 30 Sec. 5421
• Operator: means any person operating a hotel, motel or tourist home. See Delaware Code Title 30 Sec. 6101
• Owner: means a person who has an interest in the lands or premises upon which a contractor has undertaken to erect, construct, complete, alter or repair any building or addition to a building. See Delaware Code Title 6 Sec. 3501
• pack: means , as to cigars, the smallest individual container which contains more than 1 cigar in or from which retail sales are normally made or intended to be made, and means, as to other tobacco products, the smallest individual container in or from which retail sales of such products are normally made or intended to be made. See Delaware Code Title 30 Sec. 5301
• Performing group: means a vocal or instrumental group using or seeking to use the name of another group that has previously released a commercial sound recording under that name. See Delaware Code Title 6 Sec. 3301A
• Permanent resident: means any occupant who has occupied or has the right to occupancy of any room or rooms in a hotel, motel or tourist home for at least 5 consecutive months. See Delaware Code Title 30 Sec. 6101
• Person: means and includes an individual, a trust, estate, partnership, association, company or corporation. See Delaware Code Title 30 Sec. 502
• Person: shall mean any individual, firm, partnership, corporation, association, union or other organization. See Delaware Code Title 6 Sec. 3302
• Person: means any individual, partnership, corporation, trustee or other entity having the capacity to enter into a valid and enforceable contract. See Delaware Code Title 6 Sec. 3401
• Person: shall include a corporation, partnership, limited liability corporation or partnership, business trust, other association, estate trust, foundation or a natural person. See Delaware Code Title 6 Sec. 3501
• Person: means a natural person, partnership (whether general or limited), limited liability company, trust (including a common law trust, business trust, statutory trust, voting trust or any other form of trust), estate, association (including any group, organization, co-tenancy, plan, board, council or committee), corporation, government (including a country, state, county or any other governmental subdivision, agency or instrumentality), custodian, nominee or any other individual or entity (or series thereof) in its own or any representative capacity, in each case, whether domestic or foreign. See Delaware Code Title 6 Sec. 17-101
• Person with a mental condition: includes every person with an emotional or psychiatric disorder or disability. See Delaware Code Title 1 Sec. 302
• Persons of low- or moderate-income: means persons or families who lack the amount of income which is necessary, as determined by DSHA or the local authority undertaking a project, to enable them without financial assistance to live in decent, safe and sanitary dwellings, without overcrowding. See Delaware Code Title 31 Sec. 4001
• Place of business: means any place where tobacco products are sold, or where tobacco products are bought or kept for the purpose of sale or consumption, including, so far as applicable, any vessel, airplane, train, or vending machine dispensing tobacco products. See Delaware Code Title 30 Sec. 5301
• Plaintiff: The person who files the complaint in a civil lawsuit.
• President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.
• Project: means the planning for, and the acquisition and development of property, undertaken to achieve the purposes of this chapter. See Delaware Code Title 30 Sec. 5421
• Public body: means the State or any municipality, county, township, board, commission, authority, district or any other subdivision or public body of this State. See Delaware Code Title 31 Sec. 4001
• Quorum: The number of legislators that must be present to do business.
• real property: is synonymous with the phrase "lands, tenements and hereditaments. See Delaware Code Title 1 Sec. 302
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Real property: includes all lands, including improvements and fixtures thereon, and property of any nature appurtenant thereto or used in connection therewith, and every estate, interest and right, legal or equitable, therein, including terms for years and liens by way of judgment, mortgage or otherwise and the indebtedness secured by such liens. See Delaware Code Title 31 Sec. 4001
• Receiver of taxes and county treasurer: means the receiver of taxes and county treasurer of the county, Kent or Sussex, in which the park district is located. See Delaware Code Title 9 Sec. 702
• Recording group: means a vocal or instrumental group at least 1 of whose members has previously released a commercial sound recording under that group's name and in which the member or members have a legal right by virtue of use or operation under the group name without having abandoned the name or affiliation with the group. See Delaware Code Title 6 Sec. 3301A
• Registrant: shall mean the person to whom the registration of a trademark under this chapter is issued, that person's legal representatives, successors or assigns. See Delaware Code Title 6 Sec. 3302
• Rent: means the consideration received for occupancy valued in money, whether received in money or otherwise, including all receipts, cash credits and property or services of any kind or nature and also any amount for which the occupant is liable for the occupancy without any deduction therefrom whatsoever. See Delaware Code Title 30 Sec. 6101
• Residential heating fuel: includes natural gas, propane, fuel oil, wood and electricity. See Delaware Code Title 6 Sec. 3401
• Residential heating system: means all equipment necessary for the storage and transmission of residential heating fuel and the conversion thereof to energy for the purpose of heating a residence and/or heating hot water to be used in the residence. See Delaware Code Title 6 Sec. 3401
• residential property: means any structure or part of structure which is intended for residential use, and excluding any commercial unit subject to tax under § 2301(a)(6) of this title, relating to commercial lessors. See Delaware Code Title 30 Sec. 5401
• Retail dealer: means any person who purchases or receives stamped tobacco products from any source whatsoever for the purpose of sale to the ultimate consumer. See Delaware Code Title 30 Sec. 5301
• Sale: means in addition to its usual meaning, any sale, transfer, exchange, theft, barter, gift, or offer for sale and distribution, in any manner or by any means whatsoever. See Delaware Code Title 30 Sec. 5301
• Secretary: means the Secretary of Finance or the Secretary's duly authorized designee; provided, that any such delegation of authority is consistent with Chapter 83 of Title 29. See Delaware Code Title 30 Sec. 5301
• Secretary: means the Secretary of the Department. See Delaware Code Title 30 Sec. 5421
• Series: means a designated series of limited partners, general partners, partnership interests or assets that is a protected series or a registered series, or that is neither a protected series nor a registered series. See Delaware Code Title 6 Sec. 17-101
• Service mark: shall mean a mark used in the sale or advertising of services to identify the services of 1 person and distinguish them from the services of others. See Delaware Code Title 6 Sec. 3302
• Sound recording: means a work that results from the fixation on a material object of a series of musical, spoken or other sounds regardless of the nature of the material object, such as a disk, tape or other media in which the sounds are embodied. See Delaware Code Title 6 Sec. 3301A
• State: means a state of the United States, the District of Columbia, Puerto Rico, The United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Delaware Code Title 30 Sec. 502
• State: means the District of Columbia or the Commonwealth of Puerto Rico or any state, territory, possession, or other jurisdiction of the United States other than the State of Delaware. See Delaware Code Title 6 Sec. 17-101
• Stewardship Program: means the program by that name created within the Conservation Trust Fund pursuant to § 5423 of this title. See Delaware Code Title 30 Sec. 5421
• Subcontractor: means a person who enters into a contract to furnish labor and/or materials to a contractor. See Delaware Code Title 6 Sec. 3501
• Tax: shall be deemed also to refer to license fees imposed under Part III of this title. See Delaware Code Title 30 Sec. 502
• Taxable: means any person, fiduciary, association of persons, syndicate, joint venture or copartnership subject to making return or to payment of tax imposed by this title. See Delaware Code Title 30 Sec. 101
• Tobacco product tax stamps: means any adhesive stamps, tax meter impression, or other stamps, labels, or prints authorized by the Department of Finance to evidence the payment of the tax imposed by this chapter. See Delaware Code Title 30 Sec. 5301
• Tobacco product vending machine: means any mechanical device from which tobacco products are dispensed for a consideration. See Delaware Code Title 30 Sec. 5301
• Tobacco products: means all products made primarily from tobacco for individual consumption, including cigarettes, cigars, pipe tobacco, and vapor products. See Delaware Code Title 30 Sec. 5301
• Tourist home: means any person who operates a place where tourists or transient guests, for a consideration, may obtain sleeping accommodations and which has at least 5 permanent bedrooms for the use of tourists or transient guests, but which does not have cooking facilities for the use of tourists or transient guests. See Delaware Code Title 30 Sec. 6101
• Trade name: shall mean a word, name, symbol, device or any combination thereof used by a person to identify a business, vocation or occupation and distinguish it from the business, vocation or occupation of others. See Delaware Code Title 6 Sec. 3302
• Trademark: shall mean any word, name, symbol or device or any combination thereof adopted and used by a person to identify goods made or sold by that person, and to distinguish them from goods made or sold by others. See Delaware Code Title 6 Sec. 3302
• Transaction: means the making, executing, delivering, accepting or presenting for recording of a document. See Delaware Code Title 30 Sec. 5401
• Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. ^{Source: OCC}
• Unstamped tobacco products: means any pack or package of tobacco products to which the proper amount of genuine Delaware tobacco product tax stamps has not been affixed. See Delaware Code Title 30 Sec. 5301
• Use: means the exercise of any right or power over tobacco products including the retention for any length of time for any purpose other than sale or transportation as allowed under the provisions of this chapter. See Delaware Code Title 30 Sec. 5301
• Value: means , in the case of any document granting, bargaining, selling or otherwise conveying any real estate or interest or leasehold interest therein, the amount of the actual consideration thereof, including liens or other encumbrances thereon and ground rents, or a commensurate part of the liens or other encumbrances and ground rents which encumber the interest in real estate and any other interest in real estate conveyed; provided, that in the case of a transfer for an amount less than the highest appraised full value of said property for local real property tax purposes, "value" shall mean the highest such appraised value unless the parties or one of them can demonstrate that fair market value is less than the highest appraised value, in which case "value" shall mean fair market value, or actual consideration, whichever is greater. See Delaware Code Title 30 Sec. 5401
• Value: means the sum of the face value of all food stamp coupons, ATPs or access devices possessed, transferred or converted from 1 scheme or course of conduct, whether from 1 or several rightful possessors, at the same or different times and which may constitute a single criminal episode. See Delaware Code Title 31 Sec. 612
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.