Delaware Bidco Act
Delaware · Banking · §§ 5-3301 to 5-3355 · 24 sections
Overview
The act establishes a licensing framework for BIDCOs — companies whose business is providing financing assistance and management assistance to other business firms. It sets who may hold a license and on what terms, covering application and denial, minimum net worth, standards for directors, officers, and controlling persons, and the non-transferability, display, and surrender of the license, and it regulates the licensee's ongoing conduct: the permitted forms and terms of financing and management assistance, participation in government programs, restrictions on dividends and share buy-backs, business practice and reserve standards, and limits on holding control of the businesses it assists. Potential conflicts of interest must be disclosed and are subject to conditions, and any acquisition of control of a licensee — whether by merger, purchase, or sale — requires approval from the administering department, which also carries out the act.
Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.
Sections covered
- Del. Code tit. 5, § 3301Short title
- Del. Code tit. 5, § 3302Findings; declaration of purposes
- Del. Code tit. 5, § 3303Definitions
- Del. Code tit. 5, § 3304Applicability of other laws
- Del. Code tit. 5, § 3305Corporate name
- Del. Code tit. 5, § 3306Supervision of Bidcos
- Del. Code tit. 5, § 3307Fees
- Del. Code tit. 5, § 3308Liberal construction
- Del. Code tit. 5, § 3311Applications; review by Commissioner
- Del. Code tit. 5, § 3312Voluntary surrender of Bidco license
- Del. Code tit. 5, § 3321Office
- Del. Code tit. 5, § 3322Business of a Bidco
- Del. Code tit. 5, § 3323Control of business firm prohibited; exceptions
- Del. Code tit. 5, § 3324Business of Bidco to be conducted in prudent business manner
- Del. Code tit. 5, § 3325Avoidance of conflict of interest
- Del. Code tit. 5, § 3331General rules
- Del. Code tit. 5, § 3341Form and maintenance of Bidco records; annual audited report
- Del. Code tit. 5, § 3342Periodic report requirements
- Del. Code tit. 5, § 3343Examination of Bidcos
- Del. Code tit. 5, § 3351Investigations
- Del. Code tit. 5, § 3352False statements, entries or reports; penalty
- Del. Code tit. 5, § 3353Violations; remedies
- Del. Code tit. 5, § 3354Receivership
- Del. Code tit. 5, § 3355Penalties
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