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Delaware itself became popular as an arbitrage on jurisdictions with higher taxes and tougher rules. It allows companies to easily incorporate without the fuss of having to do business there.
Delaware acquired its status as a corporate haven in the early 20th century. Following the example of New Jersey, which enacted corporate-friendly laws at the end of the 19th century to attract businesses [5] from New York, Delaware adopted on March 10, 1899, a general incorporation act aimed at attracting more businesses.
“Never incorporate your company in the state of Delaware,” Musk posted on X in January. “I recommend incorporating in Nevada or Texas if you prefer shareholders to decide matters,” he said ...
Elon Musk is threatening to move the state of incorporation for Tesla, his half-a-trillion-dollar company, from Delaware to Texas after a judge in the First State voided a $55.8 billion ...
Many companies prefer to incorporate in Delaware because of the state's corporate-friendly tax system and the Court's historical expertise in business litigation. The Court's judges tend to be longtime members of the Delaware State Bar Association who have spent their careers doing corporate litigation.
The state of Delaware is the place of incorporation for over 60 per cent of Fortune 500 corporations. [15] In 1999, from 6,530 publicly traded nonfinancial firms in the US, 3,771 (57.75%) were incorporated in Delaware, 283 (4.33%) in California, and 226 (3.46%) in New York. [16]
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