The State Of Incorporation For

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US-CC-8-162C-2
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The document discusses the advantages of incorporating in Delaware as compared to California, highlighting Delaware's robust corporate laws that provide a solid framework for governance. It emphasizes Delaware's established legal principles which guide corporate governance and the Board of Directors' conduct under the business judgment rule. The directors believe that Delaware's case law offers better protection against liability, thus attracting and retaining qualified board members. The second part of the document addresses the potential reincorporation from the District of Columbia to Maryland to take advantage of more flexible corporate actions, such as permitting the company to lend money to employees for purchasing shares. This ability aligns with the company's stock option plan and is limited under the current D.C. law. For attorneys, partners, owners, associates, paralegals, and legal assistants, this document is essential for understanding the implications of the state of incorporation for corporate governance and liability issues, as well as navigating potential changes that could benefit their organization financially and legally.
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FAQ

Why Delaware is the Best State to Incorporate As a result of Delaware's business-friendly laws and protections, venture capitalists and others often require that any business they invest in be incorporated within the state. Delaware is known for its corporate-friendly business laws and its Court of Chancery.

Personal liability protection: This is the most important reason for incorporating. Shareholders are not legally liable for the corporation's actions, debts, and obligations. That's because the corporation is a completely separate entity from its owners.

You can incorporate in the state where you are doing business, or you can incorporate in another state. Incorporating in the same state as your business is cheaper. Sometimes incorporating in another state has more benefits, but will always cost more.

The company Apple, for example, was incorporated under the full name Apple Inc, while Microsoft is formally incorporated as Microsoft Corporation.

A whopping 67.8% of Fortune 500 companies and 1.5 million businesses are incorporated in Delaware. While Wayne's World may not see the perks of the state, there's a reason so many businesses incorporate there ? several reasons, in fact.

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The State Of Incorporation For