§ 127 — Fees for examination; supervisory assessment [For application of this section, see 85 Del. Laws, c. 62, § 124, effective July 1, 2025]

(a) The Commissioner shall charge each institution examined by the Commissioner or by the Commissioner’s direction an examination fee based on the actual costs of the examination. Costs of the examination are to include direct salaries paid and fringe benefits for salaries, charges and fees for filing, copying, inspecting and other services rendered. The Commissioner shall submit to the Council on Banking by July 10 each year, the calculated daily rate of pay for each examiner class. The rates for examinations shall be the basis for the charges to the institutions and shall be utilized during the ensuing fiscal year. The examination fees provided by this subsection shall be due and payable when invoiced by the Commissioner. If any institution shall fail to pay the examination fee due under this section on or before 30 days after the invoice date, a penalty of 0.05 percent shall be assessed for each day that the examination fee shall remain unpaid after such date.

(b) The Commissioner shall assess annually each institution subject to examination by the Commissioner or by the Commissioner’s direction a supervisory assessment based on the total assets of said institutions as of December 31 each year; provided however, that there shall be allowed as a credit against this assessment the amount of the supervisory assessment otherwise due from a subsidiary of such institution. The supervisory assessments are to provide for the balance of the budget of the office of the Commissioner not covered under subsection (a) of this section. The assessment shall not exceed 5 cents for each $1,000 of an institution’s total assets. In no event shall the assessment to any institution be less than $500 when the examination is conducted within the State and $1,000 when the examination is conducted outside the State. The Commissioner shall compute the rate per $1,000 of assets required for the ensuing fiscal year and submit such data to the Council on Banking by July 10 each year. The rates shall be invoiced to the institutions on July 15 each year, and are due and payable on August 1 each year. If any institution shall fail to pay the supervisory assessment due under this section on or before the August 1 due date, a penalty of 0.05 percent shall be assessed for each day that the supervisory assessment shall remain unpaid after such date.

(c) The fees derived from subsections (a) and (b) of this section shall be deposited in the Regulatory Revolving Fund established under § 105 of this title and shall be accounted for by the Commissioner as part of the receipts for the Commissioner’s office.

(d) The Chairperson of the Council on Banking may appeal to the Secretary of State any rates specified in subsections (a) and (b) of this section which the Council on Banking believes have been computed incorrectly, and the Secretary of State shall make the final determination and revise the rates if necessary.

Legislative History

30 Del. Laws, c. 111, § 13 ; Code 1935, § 72286; 45 Del. Laws, c. 162, § 1 ; 5 Del. C. 1953, § 127; 49 Del. Laws, c. 119 ; 60 Del. Laws, c. 268, § 1 ; 61 Del. Laws, c. 436, § 1 ; 62 Del. Laws, c. 359, § 1 ; 64 Del. Laws, c. 141, § 2 ; 66 Del. Laws, c. 27, § 5 ; 69 Del. Laws, c. 165, §§ 7-9 ; 70 Del. Laws, c. 112, § 5 ; 70 Del. Laws, c. 186, § 1 ; 70 Del. Laws, c. 327, §§ 1, 2 ; 71 Del. Laws, c. 19, §§ 4-6 ; 71 Del. Laws, c. 254, § 5 ; 72 Del. Laws, c. 15, § 4 ; 79 Del. Laws, c. 3, § 1 ; 80 Del. Laws, c. 225, § 2