Subchapter I General Provisions 18-101 – 18-112
Subchapter II Formation; Certificate of Formation 18-201 – 18-221
Subchapter III Members 18-301 – 18-306
Subchapter IV Managers 18-401 – 18-407
Subchapter V Finance 18-501 – 18-505
Subchapter VI Distributions and Resignation 18-601 – 18-607
Subchapter VII Assignment of Limited Liability Company Interests 18-701 – 18-705
Subchapter VIII Dissolution 18-801 – 18-806
Subchapter IX Foreign Limited Liability Companies 18-901 – 18-912
Subchapter X Derivative Actions 18-1001 – 18-1004
Subchapter XI Miscellaneous 18-1101 – 18-1110
Subchapter XII Statutory Public Benefit Limited Liability Companies 18-1201 – 18-1208

Terms Used In Delaware Code > Title 6 > Chapter 18

  • adult person: means a person of the age of 18 years or older. See Delaware Code Title 6 Sec. 4307
  • Agricultural structure: means a structure, which is located on a farm, used exclusively in connection with producing, harvesting, storing, drying, or raising agricultural commodities, including the raising of livestock. See Delaware Code Title 9 Sec. 8422
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appraisal: A determination of property value.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • Certified construction reviewer: means an individual who has passed a departmental sponsored or approved training course and who provides on-site construction review for sediment control and stormwater management in accordance with regulations promulgated under this chapter. See Delaware Code Title 9 Sec. 8422
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • 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.
  • Dam: shall mean any artificial barrier, including appurtenant works, with the ability to impound or divert water, wastewater, or liquid-borne materials. See Delaware Code Title 9 Sec. 8705
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Department: shall mean the Department of Natural Resources and Environmental Control. See Delaware Code Title 9 Sec. 8705
  • Department: means the State of Delaware Department of Agriculture and includes, but is not limited to, its officers, inspectors, employees, agents or representatives. See Delaware Code Title 3 Sec. 1601
  • Department: shall mean the Department of Natural Resources and Environmental Control. See Delaware Code Title 9 Sec. 8731
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Designated watershed or subwatershed: means a watershed or subwatershed proposed by a conservation district, county, municipality or state agency and approved by the Department. See Delaware Code Title 9 Sec. 8422
  • Devices: means any grain moisture testing devices. See Delaware Code Title 3 Sec. 1601
  • Docket: A log containing brief entries of court proceedings.
  • Dower: A widow
  • 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
  • Executor: A male person named in a will to carry out the decedent
  • 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.
  • Fiduciary: A trustee, executor, or administrator.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • 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
  • 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
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Grain: means includes, but is not limited to, corn, wheat, rye, oats, barley, flaxseed, sorghum, soybeans, mixed grain and any other food grains, feed grains, hemp, and oilseeds which standards have been established in the United States Grain Standards Act, 7 U. See Delaware Code Title 3 Sec. 1601
  • Grain Inspector: means anyone who operates grain moisture testing devices, follows standard grain inspection procedures and uses other grain inspection equipment. See Delaware Code Title 3 Sec. 1601
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • Infancy: means an age of less than 18 years. See Delaware Code Title 6 Sec. 4307
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • land disturbance: means any land change or construction activity for residential, commercial, industrial, or institutional land use which may result in soil erosion from water or wind or movement of sediments or pollutants into state waters or onto lands in the State, or which may result in accelerated stormwater runoff, including clearing, grading, excavating, transporting, and filling of land. See Delaware Code Title 9 Sec. 8422
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • 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
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).
  • Low hazard potential dam: shall mean any dam whose failure or misoperation is unlikely to cause loss of human life but may cause minor economic and/or environmental losses. See Delaware Code Title 9 Sec. 8705
  • Maximum storage elevation: shall mean the elevation of the lowest point of the top of dam independent of low points caused by partial failure or collapse. See Delaware Code Title 9 Sec. 8705
  • Month: means a calendar month, unless otherwise expressed. See Delaware Code Title 6 Sec. 4307
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Owner: shall include any of the following who own, control, operate, maintain, manage, or propose to construct, reconstruct, enlarge, repair, alter, remove or abandon a dam or reservoir: the State and its departments, institutions, agencies and political subdivisions; every municipal or quasi-municipal corporation; every public utility; every district; every person; the duly authorized agents, lessees, or trustees of any of the foregoing; and receivers or trustees appointed by any court for any of the foregoing. See Delaware Code Title 9 Sec. 8705
  • 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: means any state or federal agency, individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission board, public or private institution, utility, cooperative, municipality or other political subdivision of this State, any interstate body, or any other legal entity. See Delaware Code Title 9 Sec. 8422
  • Person: shall mean any person, firm, association, organization, partnership, business trust, corporation or company. See Delaware Code Title 9 Sec. 8705
  • Personal property: All property that is not real property.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • plan: means a plan for the control of soil erosion, sedimentation, stormwater quantity and water quality impacts which may result from any land disturbing activity. See Delaware Code Title 9 Sec. 8422
  • 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
  • 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.
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • real property: is synonymous with the phrase "lands, tenements and hereditaments. See Delaware Code Title 6 Sec. 4307
  • Reservoir: shall mean any basin that contains or will contain impounded water, wastewater, or liquid-borne materials by virtue of its having been impounded by a dam. See Delaware Code Title 9 Sec. 8705
  • Responsible personnel: means any foreperson or superintendent who is in charge of on-site clearing and land disturbing activities for sediment and stormwater control associated with a construction project. See Delaware Code Title 9 Sec. 8422
  • Secretary: shall mean the Secretary of the Department of Natural Resources and Environmental Control. See Delaware Code Title 9 Sec. 8705
  • Secretary: shall mean the Secretary of the Department of Natural Resources and Environmental Control. See Delaware Code Title 9 Sec. 8731
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Standard plan: means a set of predefined standards or specification for minor land disturbing activities that preclude the need for the preparation of a detailed sediment and stormwater management plan under specific conditions established by regulation by the Department under this chapter. See Delaware Code Title 9 Sec. 8422
  • State: shall mean the State of Delaware. See Delaware Code Title 9 Sec. 8705
  • State: shall mean the State of Delaware. See Delaware Code Title 9 Sec. 8731
  • Stormwater: means the runoff of water from the surface of the land resulting from any form of precipitation and including snow or ice melt. See Delaware Code Title 9 Sec. 8422
  • Stormwater management: means :

    a. See Delaware Code Title 9 Sec. 8422

  • Stormwater utility: means the establishment of an administrative organization that has been created for the purposes of funding sediment control, stormwater management or flood control planning, design, construction, maintenance, and overall resource needs by authorized and imposed charges. See Delaware Code Title 9 Sec. 8422
  • Summons: Another word for subpoena used by the criminal justice system.
  • Supervising engineer: shall mean the design engineer who is responsible for conducting dam construction quality assurance inspections in order to certify the construction has been completed in accordance with the approved plans and specifications. See Delaware Code Title 9 Sec. 8705
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Trustee: A person or institution holding and administering property in trust.
  • Usury: Charging an illegally high interest rate on a loan. Source: OCC
  • Verdict: The decision of a petit jury or a judge.