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Why do Y-Combinator startups incorporate in Delaware rather than California?

5 pointsby waleedkaabout 18 years ago

6 comments

e1venabout 18 years ago
Deleware is great because it knows how to deal with businesses.<p>If I recall correctly, it's one of the only states that has a dedicates Court of Chancery [1]- Essentially special courts that are focused on business law, rather than being generalized.<p>This lets them build up a large body of precedent , but more, it means the judges are going to be dealing exclusively with civil cases, and can can focus on the needs of businesses.<p>Because of this, the court has come to be regarded as the countries experts business law. [2]<p> [1] <a href="http://www.delawoffice.com/chancery.html">http://www.delawoffice.com/chancery.html</a><p> [2] <a href="http://72.14.253.104/search?q=cache:l4-0NQmIQc0J:corporate-law.widener.edu/ctofchan.htm+Court+of+Chancery+delaware&hl=en&ct=clnk&cd=5&gl=us&client=firefox-a">http://72.14.253.104/search?q=cache:l4-0NQmIQc0J:corporate-law.widener.edu/ctofchan.htm+Court+of+Chancery+delaware&hl=en&ct=clnk&cd=5&gl=us&client=firefox-a</a>
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zaidfabout 18 years ago
Not sure how California is but read the Delaware wiki about why Delaware's best for incorporation: <a href="http://en.wikipedia.org/wiki/Delaware_corporation">http://en.wikipedia.org/wiki/Delaware_corporation</a>
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shsungabout 18 years ago
The short answer would be because the Delaware courts are favorable toward big business, much like New York. A long case history biased in favor of you, the business, is much more useful to you than a case history biased in favor of the consumer (California). <p>Legal troubles of any sort are a tremendous waste of expense and time and can cripple any company, big and small. That alone is worth incorporating in a company-friendly state.
zkinionabout 18 years ago
It is just the long history of case law make it a more "definate" legal venue. Most laws in the US are determined by actual cases, in court, and not in the actual written laws.<p>Nevada is also popular to incorporate in. I've always incorporated in Nevada because of lack of state income tax and it's favors to small business.
pgabout 18 years ago
Most American corporations are registered in Delaware. It's just the standard thing to do. I think because legal stuff works best there.
zachabout 18 years ago
Just to smooth things over for investors. They still have to register in CA and pay California taxes if they operate in the state.