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The Case Against Delaware (2002)

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Re: The Case Against Delaware (2002)

#6
If you're not from the northeast, the fact that Delaware is the state of incorporation for so many companies is a huge pain point when bankruptcy is involved.

For example, why should a company who exclusively does business within 200 miles of their headquarters be able to file bankruptcy thousands of miles away? Is that the justice intended by our court system? Any parties involved (suppliers, employees who are still owed money, and customers) must hire an attorney to represent their interests, and furthermore must hire local council in Delaware to be able to submit documents to the court.

Re: The Case Against Delaware (2002)

#8
It's not unprecedented. Only a few miles north, New Jersey basically ruined I-95 for everyone who lives above Philly.

https://www.bloomberg.com/news/articles/2018-08-20/after-60-...

DE and NJ aren't really suitable states, they bring zero benefit as a separate entity from their neighbors.

Disclaimer: I live in Philadelphia. Also, fuck Dallas.

Re: The Case Against Delaware (2002)

#9
> This is partly true, but it ignores the overriding factor: Incorporating in Delaware allows companies to operate under its laws and courts, which are the most pro-management in the nation.

This is inaccurate. Being familiar with both, I wouldn’t say Delaware is more pro management than New York. Which makes me wonder what else in the article is outright fabrication.

(The idea of “pro-management” corporate law is itself a bit misleading. Delaware law governs the internal operations of the corporation and the relationship to shareholders. Shareholders are the ones who decide what rules will apply because they choose where to incorporate.)

Re: The Case Against Delaware (2002)

#10
post #9

> This is partly true, but it ignores the overriding factor: Incorporating in Delaware allows companies to operate under its laws and courts, which are the most pro-management in the nation. This is inaccurate. Being familiar with both, I wouldn’t say Delaware is more pro management than New York. Which makes me wonder what else in the article is outright fabrication. (The idea of “pro-management” corporate law is it…

>This is inaccurate

How so? I'm curious, as I don't know much about corporate law.

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