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State of Incorporation

Goodwin

Considering Reincorporation? Why Delaware Remains the Gold Standard

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Companies weighing whether to leave Delaware should consider the state’s long legal track record of handling commercial disputes....more

Venable LLP

Comparison of the Principal Provisions of the Delaware and Maryland Corporation Statutes – 2025 Edition

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For many years, it was commonly accepted that the corporation law of the State of Delaware was more “modern” or “advantageous” to corporations than the corporation law of most other states. In 1975, however, the General...more

Mayer Brown

Capital Markets Insight: Reincorporation Considerations

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Since mid-2024, the reincorporation of certain high-profile companies, both public and private, has received a great deal of media attention. Companies, including, among others, Roblox, Dropbox, The Trade Desk, Simon Property...more

Farella Braun + Martel LLP

Nonprofit Quick Tip: State Filings in Kansas and Missouri

Welcome to EO Radio Show – Your Nonprofit Legal Resource. I'm Cynthia Rowland, and this episode marks the 26th in our series of "Nonprofit Quick Tip" episodes, which focus on the details of state registration for nonprofit...more

Goodwin

The Delaware Question

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Companies weighing a Delaware exit — and startups choosing where to incorporate — should consider commercial law implications alongside governance benefits....more

Cooley LLP

Reincorporation: It’s All in the Timing

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For years, Delaware has been the default domicile for growing late-stage companies (and most companies generally, for that matter). For the reasons detailed in these CapitalXchange posts from June 2025 and September 2025,...more

Ervin Cohen & Jessup LLP

Delaware Modernizes Corporate Opportunity and Conflict-of-Interest Law: What California-Headquartered Companies Need to Know

Delaware has again refined the contours of fiduciary duty and corporate governance, this time through two amendments to the Delaware General Corporation Law (“DGCL”): SB 313 (2024) and Senate Substitute 1 for Senate Bill 21...more

Cooley LLP

Delaware Versus Nevada Versus Texas: A Comparison of Corporate Laws

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Thinking about where to incorporate your company? While Delaware has long been the go-to choice for startups formed as corporations in the US, we’ve observed that recent changes in the legal landscape and statements by public...more

Pillsbury - Propel

The (Unsuccessful) Great Migration: Where to Form Your Company and Why

Pillsbury - Propel on

As a founder, where you form your business matters. The most commonly selected state is Delaware. However, increasingly founders are considering states other than Delaware like Texas, Nevada and Wyoming. ...more

Bricker Graydon Wyatt LLP

Why Choose Ohio Law to Govern Your Commercial Loan Documents?

Earlier this year, my colleague Sam Lind made a compelling case for incorporating your business in Ohio—highlighting not only legal advantages but also some timeless thoughts on college football. Today, I pose a similar...more

Venable LLP

Maryland Law and Retail Voting Programs

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Recently, the Division of Corporation Finance of the Securities and Exchange Commission (the "SEC") confirmed that it would not recommend enforcement action with respect to Exxon Mobil Corporation’s implementation of its...more

Pillsbury - Propel

Delaware or Texas: Where Should You Incorporate in 2025?

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If you're launching a startup in 2025, one of your first questions might be: “Where should I incorporate?” For decades, the most popular answer has been Delaware. ...more

Farella Braun + Martel LLP

Nonprofit Quick Tip: State Filings in Iowa and Idaho

Welcome to EO Radio Show – Your Nonprofit Legal Resource. I'm Cynthia Rowland, and episode 135 is the 24th in a series of "Nonprofit Quick Tip" episodes focusing on the details of state registrations of nonprofit...more

Cooley LLP

The Incorporation Debate: What You Need to Know Now

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For decades, Delaware has been the default choice for incorporation – either at formation or in anticipation of an initial public offering (IPO). As we noted in this June 2025 CapitalXchange article, recent developments have...more

Bricker Graydon Wyatt LLP

Corporate Tug-of-War: Delaware’s SB 21 vs. Ohio’s Rising Appeal

In our March article ‘O-H!’ ‘I-N-C!’, we explored why several well-known companies, including Tesla and TripAdvisor, are leaving Delaware and why Ohio presents a compelling alternative. Since then, Delaware has responded with...more

Farella Braun + Martel LLP

Nonprofit Quick Tip: State Filings in Mississippi and Georgia

Welcome to EO Radio Show – Your Nonprofit Legal Resource. I'm Cynthia Rowland, and episode 133 is the 23rd in a series of "Nonprofit Quick Tip" episodes focusing on the details of state registration of nonprofit corporations....more

FBT Gibbons LLP

Is Delaware’s Reign Over? Why Texas Is Challenging the Status Quo for Private Equity Funds

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With increasing competition among states to create the most business-friendly corporate legal ecosystem in the United States, private equity funds across the country are reevaluating the state of incorporation for their...more

BakerHostetler

Considering ‘Dexit’: A Comparative Review of Key Issues in Delaware, Nevada and Texas Corporate Laws

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On July 9, leading venture capital firm Andreessen Horowitz (AH) announced that it had decided to redomicile its primary business entity, AH Capital Management, from Delaware to Nevada. AH made an intentionally noisy exit,...more

Fenwick & West LLP

Two Suits Challenge Application of New Texas Governance Laws

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Texas has enacted significant legislation in the past few months designed to attract more corporations to its state and challenge Delaware’s dominance as the preferred state for incorporation. We are now seeing the first...more

Foley Hoag LLP

Choosing your State of Incorporation

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In the wake of headline-grabbing redomiciles many executives are reevaluating whether to form or maintain their companies in Delaware or to look instead to other jurisdictions such as Nevada and Texas. In this piece, we break...more

Venable LLP

Maryland Remains the Favored Jurisdiction for REITs

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Amid continuing reports of corporations reincorporating from Delaware, including Simon Property Group reincorporating from Delaware to Indiana, the location of its headquarters, and Texas and Nevada recently amending their...more

Kohrman Jackson & Krantz LLP

Still Default to Delaware for the State of Formation? Ohio May Offer Attractive Alternatives

Forming a new business requires addressing a number of principal issues and logistics, many of which draw on structure, liability, policy, tax, and related considerations. After picking the best entity form, the first...more

Fenwick & West LLP

Delaware Supreme Court to Consider Constitutionality of SB 21

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The Delaware Supreme Court has agreed to accept questions certified to the court relating to the constitutionality of Senate Bill 21 (SB 21), which was signed into law back in March 2025. ...more

Fenwick & West LLP

Nevada Enacts Major Changes to Entice Corporations

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Nevada advanced its quest to challenge Delaware as the go-to state for incorporation on May 30, 2025, when Gov. Joe Lombardo signed significant amendments to the Nevada Revised Statutes that govern corporations there....more

Fenwick & West LLP

Nevada Legislature Adopts Significant Amendments to its Corporate Law to Further Entice Corporations to Incorporate or...

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Not to be outdone by Delaware and Texas, the Nevada Senate voted unanimously on May 21, 2025, to adopt Assembly Bill No. 239 (AB 239), which provides for significant amendments to the Nevada Revised Statutes (NRS) governing...more

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