(a) No bank or trust company shall, either directly or indirectly through any subsidiary, division or 3rd person, in any manner extend credit, sell any product or furnish any service to any person, or fix or vary the consideration for any of the foregoing, on the condition or requirement that:
(1) The person shall obtain some additional credit, product or service from such bank or trust company or its affiliate other than a loan, discount, deposit or trust service; or
(2) The person provide some additional credit, product or service to such bank or trust company or its affiliate other than those related to and usually provided in connection with a loan, discount, deposit or trust services; or
(3) The person shall not obtain some other credit, product or service from a competitor of such bank or trust company or its affiliate, other than a condition or requirement that such bank or trust company shall reasonably impose in a credit transaction to assure the soundness of the credit.
(b) No bank or trust company which is first authorized to engage in any activity by § 761(a)(14) or § 1661(a)(14) of this title shall, while an application for a loan, credit or other services previously submitted to such bank or trust company by any person is pending, accept from such person, either directly or through any division or subsidiary, an application for a policy of insurance directly related to the applied-for loan, credit or other services, or thereafter accept such an insurance application until such person has received from such bank or trust company a commitment with respect to the applied-for loan, credit or other services.
(c) The Commissioner shall by regulation promulgated after consultation with the Insurance Commissioner provide for the adequate disclosure of the prohibitions set forth in subsections (a) and (b) of this section.
(d) For purposes of this section, the term “affiliates” shall mean a person that directly or indirectly through 1 or more intermediaries, controls, or is controlled by, or is under common control with, the person specified. “Control” means beneficial ownership, directly or indirectly through 1 or more intermediaries, of 25% or more of the voting securities or partnership interests in any person other than an individual.
(e) The prohibitions contained in this section shall be in addition to, and not in derogation of, those provided for under the laws of the United States, including 12 U.S.C. § 1971 et seq., the laws of this State, including § 2305 of Title 18, and all other applicable statutes, rules and regulations.
(f) The prohibitions of subsection (a) of this section shall not apply to conduct authorized by the Commissioner by regulation, if such conduct is permissible under 12 U.S.C. § 1972 or regulations or orders promulgated thereunder by the Board of Governors of the Federal Reserve System.
Structure Delaware Code
Chapter 9. REGULATIONS GOVERNING BUSINESS OF BANKS AND TRUST COMPANIES
Subchapter I. General Provisions
§ 901. Corporate charter to do business as bank or trust company.
§ 902. Certificate required to transact business or open place of business.
§ 903. Issuance of certificate to transact business.
§ 904. Reports to Commissioner.
§ 905. Reports by national banks, federal savings associations and out-of-state banks.
§ 906. Failure to make reports; penalty.
§ 908. Value at which assets shall be carried on books.
§ 908A. Bank distinct from bank insurance department or division.
§ 910. Investment limitations.
§ 911. Ownership of real estate used for transaction of business.
§ 912. Limitations upon loans on security of and purchase of own capital stock.
§ 913. Authority of national bank to act as fiduciary.
§ 914. Appointment of trust company as trustee.
§ 916. Preference of funds held on deposit.
§ 918. Limitations on pledging or hypothecating assets.
§ 923. Deposits in names of two or more persons.
§ 924. Bank deposit accounts in trust form.
§ 927. Penalty for false statements regarding financial condition.
§ 929. Tying arrangements prohibited.
§ 930. Right of cancellation of certain insurance.
§ 930A. Mandatory disclosure in bank insurance policies.
§ 931. Employee retirement pensions for savings banks and savings societies.
§ 932. Loans and securities insured by Federal Housing Administrator.
§ 933. Prize linked savings programs.
§ 936. International banking facilities.
§ 938. Transfer of fiduciary accounts.
§ 939. Negotiable instruments.
§ 940. Self-analysis privilege for depository institutions and affiliates.