Delaware Governing Law Provisions
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FAQ
Delaware statutes governing corporations found in Chapter One of Title 8Opens in a new window of the Delaware Code. It provides, among other things, laws relating to the formation, management, governance, mergers, and dissolution of Delaware corporations.
The governing law provision is commonly used by parties residing in different jurisdictions to ensure that one party does not have an advantage over each other party.
The Delaware Freedom of Information Act, first established in 1977, is a series of laws guaranteeing that the public has access to the public records of governmental bodies.
Delaware's judges are impartial and not beholden to special-interest donors or shifting political winds. Unlike in many other states, Delaware corporate law cases are tried exclusively by professional judges, and not by juries.
The judges are experts in corporate law, and the decisions from the court tend to be more predictable than those in other states. Filings are processed quickly. Because Delaware is committed to being corporation-friendly, they will process your filing the same day. Privacy is protected.
Many experienced lawyers believe that the principal reason to recommend to their clients that they incorporate in Delaware is the Delaware courts and the body of case law those courts have developed. They point, in particular, to the national reputation and importance of the Court of Chancery.
Because of the extensive experience of the Delaware courts, Delaware has a more well-developed body of case law than other states, which serves to give corporations and their counsel greater guidance on matters of corporate governance and transaction liability issues.
The most famous reason Delaware has attracted the eye of corporations across the world is the lenient taxes imposed by the state. Corporations registered in Delaware that do not do business in the state do not pay corporate income tax.
