5 Del. C. § 3535: Risk management and governance [For application of this section, see 85 Del. Laws, c. 339, § 2].

(a) The Commissioner shall promulgate regulations establishing principles-based risk management requirements for permitted payment stablecoin issuers licensed under § 3511 of this title, which must include the following:

(1) Operational risk, including technology infrastructure and cybersecurity.

(2) Liquidity risk management.

(3) Reserve asset interest rate risk and diversification.

(4) Business continuity and disaster recovery, including provisions specific to distributed ledger systems and private key management.

(5) Insider and affiliate transactions, including prohibitions on self-dealing that disadvantages payment stablecoin holders.

(6) Outsourcing of critical functions, including use of sub-custodians and third-party technology providers.

(7) Nonpublic personal information protection and data security.

(8) Asset growth prudential management, ensuring that growth in outstanding issuance value is commensurate with the issuer’s risk management capabilities, operational capacity, and staffing.

(9) Annual wind-down planning, requiring each permitted payment stablecoin issuer to prepare and file with the Commissioner an updated plan for the orderly wind-down of its payment stablecoin operations in the event of insolvency or license surrender, consistent with § 3523(a)(3) and (a)(5) of this title.

(b) Risk management requirements promulgated under this section must be tailored to the business model and risk profile of permitted payment stablecoin issuers, and must be aligned, to the extent practicable, with corresponding federal standards established under the GENIUS Act [12 U.S.C. § 5901 et seq.] and Office of the Comptroller of the Currency implementing regulations to maintain the substantial similarity required for GENIUS Act certification.