Friday, November 21st, 2008
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Delaware Incorporations

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Incorporate A Business

by Kevin Little

When it comes time to incorporate a business, there are numerous factors to consider. One must choose from a variety of states in which one can incorporate by weighing the different advantages and disadvantages offered by state laws. One must also choose the most beneficial type of corporation for one's company from among myriad choices.

As many people know, Delaware is one of the most popular locations for corporations to be found anywhere in the country. Such popularity is, in part, dictated by a technicality. Businesses can become "Delaware corporations" even if they are located in California, Alaska or anyplace else in the country.

Incorporate a Business in Delaware

One of the reasons that Delaware is so often chosen for corporations has to do with the state's unique system of business law. When many of us think of court cases, we envision not only a judge but a jury. In Delaware, the jury is eliminated from the equation. The Delaware Court of Chancery operates only with judges who are specifically appointed to their posts (as opposed to being elected).

The way in which the Court operates gives businesses the chance to establish legal grounds for any number of court cases. Every court case produces a written opinion, since each case is decided by a judge only. This system produces a massive record of legal precedent that is accessible to businesses facing or considering legal action. Such a bulk of written legal material eliminates much of the guesswork involved in business legal proceedings.


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