Delaware Embraces General Solicitation

Nevada Secretary of State Ross Miller has been a tireless promoter of Nevada’s private corporation law.  Over a year ago, he announced an on-line business entity search tool for iPhone, iPad and iPod Touch users.  See Business Entity Search Now Available On Your iPhone And iPad.  A few months later, Secretary Miller announced an innovative business-to-government (B2G) website, christened Silverflume.  See  NV SOS Introduces Sleek New B2G Solution.

Delaware may be feeling the pressure.  Recently, it launched a website promoting incorporation in Delaware.  The website, which is available in 10 languages, provides five reasons for choosing the “First State”.  These should come as no surprise (but may be debated by) practitioners:

  • The Delaware General Corporation Law
  • The Court of Chancery and the Supreme Court
  • Case Law
  • Legal Tradition
  • The Secretary of State

The website also includes a “Myth Versus Fact” page.  I take issue with Footnote 3 which seems to confuse the number of corporations filing tax returns with the number of corporations qualified to transact intrastate business. See You May Be Doing Business In California Even When Not Transacting Intrastate Business.