Delaware is well known for being the most business-friendly state for corporations. According to the Delaware Division of Corporations 2021 Annual Report, 66.8% of all Fortune 500 companies are incorporated in Delaware.
1.Delaware’s General Corporation Law: Widely regarded as the most advanced and flexible business formation statute in the nation, this law provides corporations with significant legal advantages.
2.Delaware’s Court of Chancery: A unique, centuries-old business court that has written most of the modern U.S. corporation case law, providing a specialized legal forum for corporate disputes.
Delaware is also known as an "anonymous LLC" state, offering LLC owners stronger privacy protections. However, these factors may not be as relevant for LLCs if Delaware is not your home state:
LLCs Aren’t Corporations: The General Corporation Law, which benefits corporations, does not apply to LLCs. Instead, LLCs are governed by Delaware's Limited Liability Company Act.
Court of Chancery: While this court is favorable for business-related lawsuits, it typically only hears cases brought within Delaware. If your LLC does not conduct business in Delaware, it is unlikely that a lawsuit involving your LLC would be heard there.
Anonymity: While Delaware offers enhanced privacy protections for LLCs, these protections are not absolute. You must still disclose your identity to banks and the IRS. Additionally, if you operate your business outside of Delaware, you would need to register your Delaware-formed LLC as a foreign LLC in your home state, which might require public disclosure.
Therefore, if you reside in Delaware or operate your business solely within the state, forming an LLC in Delaware could be beneficial. Otherwise, the advantages of incorporating in Delaware might not outweigh the complications and costs associated with registering and maintaining a foreign LLC.