(a) A licensee shall transact its business in a prudent business manner and shall maintain itself in a viable condition.
(b) In determining whether a licensee is transacting business in a prudent business manner, the Commissioner shall not consider the risk of the financing assistance provided by such licensee to a business firm, unless the Commissioner determines that the risk is so great compared with the realistically expected return as to demonstrate mismanagement of the licensee.
(c) Subsection (b) of this section shall not limit the authority of the Commissioner to do any of the following:
(1) Determine that a licensee’s financing assistance to a single business firm or a group of affiliated business firms is in violation of subsection (a) of this section if the amount of such financing assistance is unduly large in relation to the total assets or the total shareholder’s equity of such licensee.
(2) Require that a licensee maintain a reserve in the amount of anticipated losses.
(3) Require that a licensee have in effect a written financing assistance policy, approved by its board of directors, including credit evaluation criteria and other matters. The Commissioner shall not require that a licensee adopt a financing assistance policy that contains standards which prevent such licensee from exercising needed flexibility in evaluating and structuring financing assistance to business firms on a deal-by-deal basis.
66 Del. Laws, c. 344, § 1.
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