For the purposes of this chapter, unless otherwise specifically defined, or unless another intention clearly appears or unless the context requires a different meaning:
- (1) “Affiliate” means, if used with respect to a specified person other than a natural person, a person controlling or controlled by such specified person, or a person controlled by a person who also controls such specified person.
- (2) “Applicant” means a Delaware corporation that has submitted an application for a license under this chapter.
- (3) “Bidco” means a business and industrial development corporation licensed under this chapter.
- (4) “Business firm” means a person that transacts business on a regular and continual basis, or that proposes to transact business on a regular and continual basis.
- (5) “Commissioner” means the Bank Commissioner of the State.
- (6) “Control” means, if used with respect to a specified person, the power to direct or cause the direction of, directly or indirectly through 1 or more intermediaries, the management and policies of such specified person, whether through the ownership of voting securities, by contract, other than a commercial contract for goods or nonmanagement services or otherwise. A natural person shall not be considered to control another person solely on account of being a director, officer or employee of such other person.
- (7) “Controlling person” means, if used with respect to a specified person, a person who controls such specified person, directly or indirectly through 1 or more intermediaries.
- (8) “Corporate name” means the name of a corporation as set forth in the certificate of incorporation of such corporation.
- (9) “Delaware corporation” means a corporation, whether for profit or nonprofit, incorporated under the General Corporation Law of Delaware.
- (10) “Insolvent” means a licensee that ceases to pay its debts in the ordinary course of business, that cannot pay its debts as they become due or whose liabilities exceed its assets.
- (11) “Interests of a licensee” includes the interests of shareholders of the licensee.
- (12) “License” means a license issued under this chapter authorizing a Delaware corporation to transact business as a Bidco.
- (13) “Licensee” means a Delaware corporation which is licensed under this chapter.
(14) “Officer” means:
- a. If used with respect to a corporation, a person appointed or designated as an officer of such corporation by or pursuant to applicable law or the certificate of incorporation or bylaws of such corporation, or a person who performs with respect to such corporation functions usually performed by an officer of a corporation; and
- b. If used with respect to a specified person other than a natural person or a corporation, a person who performs with respect to such specified person functions usually performed by an officer of a corporation with respect to such corporation.
- (15) “Order” includes an approval, authorization, consent, exemption, denial, prohibition or other official act taken by the Commissioner.
- (16) “Person” includes an individual, proprietorship, joint venture, partnership, statutory trust, trust, business trust, syndicate, association, joint stock company, corporation, cooperative, government, agency of a government or any other entity or organization. If used with respect to acquiring control of or controlling a specified person, “person” includes a combination of 2 or more persons acting in concert.
- (17) “Principal shareholder” means a person that owns, directly or indirectly, of record or beneficially, securities representing 10 percent or more of the outstanding voting securities of a corporation.
- (18) “State” means the State of Delaware.
- (19) “State Administrative Procedures Act” refers to Chapter 101 of Title 29.
- (20) “Subject person” means a controlling person, subsidiary or affiliate of a licensee, a director, officer or employee of a licensee or of a controlling person, subsidiary or affiliate of a licensee or any other person who participates in the conduct of the business of a licensee.
- (21) “Subsidiary” means, if used with respect to a licensee, a company or business firm which the licensee holds control of as permitted by § 3323(a)(2), (3), (4) or (5) of this title.
- (22) “This chapter” includes any order issued or rule promulgated under this chapter.
66 Del. Laws, c. 344, § 1; 73 Del. Laws, c. 329, § 4