If the Commissioner believes that the capital of any bank or trust company under the Commissioner's jurisdiction has been impaired, the Commissioner may require it to make good the deficiency within such time as the Commissioner shall specify. If the bank or trust company shall fail to comply with the Commissioner's notice within the time prescribed, the Commissioner may forthwith take possession of the institution's place of business, and retain such possession until the institution shall have made good the deficiency, or has been finally liquidated, or a receiver shall have been appointed to take charge of its business and affairs. The Commissioner may cause proceedings to be instituted against the institution, and the Attorney General shall, upon the request of the Commissioner, institute such proceedings as the nature of the case may require.
Structure Delaware Code
Chapter 1. STATE BANK COMMISSIONER
Subchapter II. Powers and Duties
§ 122. Examination of financial institutions.
§ 123. False statements, entries or reports; penalty.
§ 124. Commissioner's report of examination; cooperation with other regulatory agencies.
§ 125. Disclosure of information; penalty.
§ 126. Exemptions from examination.
§ 127. Fees for examination; supervisory assessment.
§ 128. Federal Reserve System reserve requirements.
§ 130. Impaired capital; procedure upon failure to make good.
§ 131. Unsound condition of bank or trust company; receivership.
§ 132. Possession and operation of bank or trust company by Commissioner without receivership.
§ 133. Employment of assistants.
§ 134. Commissioner's costs and expenses as receiver; priority.
§ 135. Moratorium on deposit withdrawals and segregation of new deposits.
§ 136. Cease and desist orders.
§ 137. Removal of officer or director.
§ 140. Notice to federal authorities.
§ 141. Retention of financial institution records.
§ 144. Restrictions on use of words “savings” or “trust” in corporate name.