5 Del. C. § 797N: Examinations and regulations [For application of this section, see 85 Del. Laws, c. 346, § 9].
Where this section sits in the code
- Title 5. Banking
- Banks and Trust Companies
- CHAPTER 7. Corporation Law for State Banks and Trust Companies
- Subchapter IX. Family Trust Companies [For application of this subchapter, see 85 Del. Laws, c. 346, § 9]
(a) The Commissioner may examine a family trust company as provided in Chapter 1 of this title. For each examination of a family trust company authorized under this subchapter, the Commissioner shall charge and collect from the family trust company an examination fee as provided in Chapter 1 of this title.
(b) To the extent reasonable and justified under the circumstances, the Commissioner shall conduct examinations in a manner reasonably calculated to limit the burden on the family trust company and family members. The Commissioner may conduct an examination using any of the following or combination of the following:
(1) An on-site examination at any office of the family trust company.
(2) An off-site review of information provided by the family trust company at the Commissioner’s request.
(c) The Commissioner may promulgate regulations to carry out the Commissioner’s responsibilities under this subchapter.
(d) In establishing regulations and standards for the examination of family trust companies, the Commissioner shall do all of the following:
(1) Distinguish the regulatory requirements and examination standards of family trust companies from trust companies serving the general public based on the relative risks of each type of trust company.
(2) Tailor the regulatory requirements and examination standards applicable to a family trust company to achieve the purposes of this subchapter in light of the nature of the business of a family trust company.
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