§ 770 — Branch office

(a) (1) Any bank or trust company, if authorized by its charter, may open a branch office or place of business, or branch offices or places of business in this State, upon application submitted to and approved by the State Bank Commissioner and upon the issuance of a certificate of authority of the State Bank Commissioner. For the purposes of this section, a branch office or place of business shall include any location, except as provided by §§ 771 and 772 of this title, at which deposits are received or checks paid or money lent. The application shall state the exact location of the intended branch office and the necessity for its opening and the Commissioner shall inquire into the matter, and if the Commissioner deems that the public convenience will be served thereby and that there is good and sufficient reason that the corporation shall have the branch office, the Commissioner shall issue its written permission for the opening of the branch office. Any certificate of authority issued by the Commissioner shall be void and of no effect if after the expiration of a reasonable period of time, as determined by the State Bank Commissioner, such branch is not actually opened for business. The Commissioner shall by regulations prescribe the criteria to be applied in determining what constitutes a reasonable period of time.

(2) The applicant shall pay to the Commissioner an investigation fee of $250, which shall not be refundable and shall be submitted with the application.

(b) Nothing in this section contained shall deny any bank or trust company the right to continue a branch office or branch offices if such branch office or branch offices shall have been actually established prior to the 1st day of January, 1934, and business continuously conducted thereat since such establishment.

(c) (1) Any bank or trust company that is authorized by its charter to operate a branch office may open a mobile branch upon application submitted to and approved by the Commissioner and upon the issuance of a certificate of authority of the Commissioner. For purposes of this section, a “mobile branch” means a branch that operates at more than one location. The application for a mobile branch shall specify the manner of operation of the mobile branch, the area in which the mobile branch will operate, and the necessity for the opening of the mobile branch. If the Commissioner deems that the public convenience will be served and that there is good and sufficient reason that the bank or trust company should operate the mobile branch, the Commissioner shall issue written permission for its opening. Any certificate of authority that the Commissioner issues shall be void and have no affect if, after the expiration of a reasonable period of time as determined by the Commissioner, the mobile branch is not actually open for business. The Commissioner shall by regulation prescribe the criteria to be applied for determining what constitutes a reasonable period of time.

(2) The applicant for a mobile branch shall pay the Commissioner an investigation fee of $250 which shall not be refundable and shall be submitted with the application.

Legislative History

32 Del. Laws, c. 103, § 4 ; 38 Del. Laws, c. 93, § 1(1) ; 38 Del. Laws, c. 94, § 20 ; Code 1935, §§ 2292, 2389; 46 Del. Laws, c. 251, §§ 1, 2 ; 5 Del. C. 1953, § 770; 49 Del. Laws, c. 127 ; 56 Del. Laws, c. 155 ; 57 Del. Laws, c. 740, § 19A ; 60 Del. Laws, c. 268, §§ 5, 6 ; 62 Del. Laws, c. 245, § 1 ; 63 Del. Laws, c. 3, § 6 ; 63 Del. Laws, c. 255, § 1 ; 67 Del. Laws, c. 260, § 1 ; 68 Del. Laws, c. 303, § 12 ; 69 Del. Laws, c. 165, § 15 ; 70 Del. Laws, c. 186, § 1 ; 71 Del. Laws, c. 19, § 23 ; 71 Del. Laws, c. 25, § 11 ; 73 Del. Laws, c. 22, § 1