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 1 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. In no instance shall the charge for examination for any financial institution with less than $2,000,000 in assets be more than 5 man days. For purposes of this section, a man day shall be calculated daily rate of pay for an examiner.
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. Notwithstanding the forgoing sentence, the supervisory assessment on branches in this State of out-of-state banks (as defined in § 795 of this title) shall be based on assets calculated as the greater of §1101 (I)(2)(I) or (I)(3)(I) of this title. 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 3.5 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 1 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. The Commissioner shall annually assess each out-of-state bank holding company which has acquired and retained a bank located in this State pursuant to any or all of the conditions in Subchapter I of Chapter 8 of this title, on or before December 31 of the preceding year, a supervisory assessment in the amount of $6,000 which shall be invoiced and payable as in the case of other supervisory assessments. Provided, however, there shall be allowed as a credit against this assessment the amount of the supervisory assessment otherwise due form a subsidiary bank of such out-of-state banking holding company or its subsidiaries
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 this office.
The Chairman of the Council on Banking may appeal to the Secretary of Finance 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 Finance shall make the final determination and revise the rates if necessary. (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.)