Delaware Code > Title 6 > Chapter 73 > Subchapter III – Provisions Relating to Broker-Dealers, Broker-Dealer Agents, Issuer Agents, Investment Advisers, Federal Covered Advisers, and Investment Adviser Representatives
Current as of: 2023 | Check for updates
|
Other versions
Terms Used In Delaware Code > Title 6 > Chapter 73 > Subchapter III - Provisions Relating to Broker-Dealers, Broker-Dealer Agents, Issuer Agents, Investment Advisers, Federal Covered Advisers, and Investment Adviser Representatives
- Agent: means any individual, other than a broker-dealer, who represents a broker-dealer or issuer in effecting or attempting to effect purchases or sales of securities. See Delaware Code Title 6 Sec. 73-103
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- 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.
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Broker-dealer: means any person engaged in the business of effecting transactions in securities for the account of others or for the broker-dealer's own account. See Delaware Code Title 6 Sec. 73-103
- Contract: A legal written agreement that becomes binding when signed.
- 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.
- Department: means the Delaware Department of Transportation. See Delaware Code Title 2 Sec. 1801
- Digital network: means any online-enabled technology application service, website or system offered or utilized by a transportation network company that enables the prearrangement of rides with transportation network company drivers. See Delaware Code Title 2 Sec. 1901
- Director: means the Investor Protection Director, the principal executive officer of the Investor Protection Unit designated in § 73-102 of this title. See Delaware Code Title 6 Sec. 73-103
- Document: means :
- Eligible adult: means :
- Federal covered adviser: means a person who is registered under § 203 of the Investment Advisers Act of 1940 [15 U. See Delaware Code Title 6 Sec. 73-103
- Financial exploitation: includes , but is not limited to:
- Fraud: Intentional deception resulting in injury to another.
- 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.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Investment adviser: means any person who, for compensation, engages in the business of advising others, either directly or through publications or writings, as to the value of securities or as to the advisability of investing in, purchasing or selling securities, or who, for compensation and as a part of a regular business, issues or promulgates analyses or reports concerning securities. See Delaware Code Title 6 Sec. 73-103
- Investment adviser representative: means any partner, officer, director (or a person occupying a similar status or performing similar functions) or other individual, except clerical or ministerial personnel, who is employed by or associated with an investment adviser that is registered or required to be registered under this chapter, or who has a place of business located in this State and is employed by or associated with a federal covered adviser; and who does any of following: (A) makes any recommendations or otherwise renders advice regarding securities, (B) manages accounts or portfolios of clients, (C) determines which recommendation or advice regarding securities should be given, (D) solicits, offers or negotiates for the sale of or sells investment advisory services, or (E) supervises employees who perform any of the foregoing. See Delaware Code Title 6 Sec. 73-103
- Issuer: means any person who issues or proposes to issue any security. See Delaware Code Title 6 Sec. 73-103
- 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.
- 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
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- Partner: means a limited or general partner. See Delaware Code Title 6 Sec. 17-101
- 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 an individual, a corporation, a partnership, an association, a joint stock company, a trust where the interests of the beneficiaries are evidenced by a security, an unincorporated organization, a government, or a political subdivision of a government. See Delaware Code Title 6 Sec. 73-103
- Personal vehicle: means a vehicle that is used by a transportation network company driver and is:
- Prearranged ride: means the provision of transportation by a TNC driver to a rider, beginning when a TNC driver accepts a ride requested by a rider through a digital network controlled by a transportation network company, continuing while the TNC driver transports a requesting rider, and ending when the last rider departs from the personal vehicle. See Delaware Code Title 2 Sec. 1901
- Protective hairstyle: includes braids, locks, and twists. See Delaware Code Title 2 Sec. 1901
- Public carrier: includes every individual, partnership, association, corporation, joint stock company, agency or department of this State, or any association of individuals engaged in the prosecution in common of a productive enterprise (commonly called a "cooperative"), their lessees, trustees or receivers appointed by any court whatsoever, that now operates or hereafter may operate, within this State, any railroad, street railway, traction railway, taxicab, limousine, motor bus or electric trackless trolley coach service, system, plan or equipment for public use other than transportation authorities created pursuant to Chapter 13 of this title. See Delaware Code Title 2 Sec. 1801
- Public interest: means that it shall appear to the Commissioner that the action taken or sanction imposed will further the purpose of this chapter. See Delaware Code Title 6 Sec. 73-103
- Qualified individual: means any agent, broker-dealer, investment adviser, investment adviser representative or person who serves in a supervisory, compliance, or legal capacity for a broker-dealer or investment adviser. See Delaware Code Title 6 Sec. 73-103
- Race: includes traits historically associated with race, including hair texture and a protective hairstyle. See Delaware Code Title 2 Sec. 1901
- Railroad: means a road, the cars, carriages and coaches on which are propelled by steam power, electricity, cable, motor or any improved motive power. See Delaware Code Title 2 Sec. 1801
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- rider: means an individual or persons who use a transportation network company's digital network to connect with a transportation network company driver who provides prearranged rides to the rider in the TNC driver's personal vehicle between points chosen by the rider. See Delaware Code Title 2 Sec. 1901
- Security: means any note; stock; treasury stock; bond; debenture; evidence of indebtedness; certificate of interest or participation in any profit-sharing agreement; collateral-trust certificate; preorganization certificate or subscription; transferable share; investment contract, including pyramid promotion which includes any plan or operation for the sale or distribution of property, services, or any other thing of value wherein a person for a consideration is offered an opportunity to obtain a benefit which is based in whole or in part on the inducement, by himself or herself or by others, of additional persons to purchase the same or a similar opportunity; voting-trust certificate; certificate of deposit for a security; certificate of interest of participation in an oil, gas or mining title or lease or in payments out of production under such a title or lease; options on commodities; viatical settlement investment; or, in general, any interest or instrument commonly known as a "security" or any certificate of interest or participation in, temporary or interim certificate, for, receipt for guarantee of, or warrant or right to subscribe to or purchase, any of the aforegoing. See Delaware Code Title 6 Sec. 73-103
- Service of process: The service of writs or summonses to the appropriate party.
- 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
- 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
- Stretcher van: means a vehicle staffed by both a driver and attendant, which is specifically designed and equipped to provide nonemergency transportation of individuals on a stretcher. See Delaware Code Title 2 Sec. 1801
- TNC: means a corporation, partnership, sole proprietorship, or other entity that is licensed pursuant to this chapter and operating in Delaware that uses a digital network to connect transportation network company riders to transportation network company drivers who provide prearranged rides. See Delaware Code Title 2 Sec. 1901
- TNC driver: means an individual who:
- United States: includes its territories and possessions and the District of Columbia. See Delaware Code Title 1 Sec. 302
- Year: means a calendar year, and is equivalent to the words "year of our Lord. See Delaware Code Title 1 Sec. 302