Delaware's corporate law system is under scrutiny following a recent court decision by Judge Kathaleen McCormick, which has led to widespread criticism and calls for companies to reconsider incorporating in the state. Critics argue that the decision undermines shareholder rights by allowing judges to override shareholder votes, potentially turning Delaware corporations into state-run enterprises. This has sparked a debate about the predictability and fairness of Delaware's legal system, with some suggesting that the state's economy, heavily reliant on corporate fees (12% of the state budget), could suffer if companies start to leave. Notable figures like Bill Ackman and Governor Kevin Stitt of Oklahoma have voiced their concerns, with Stitt promoting Oklahoma as a more business-friendly alternative, highlighting the state's new business court system. The situation has raised questions about the future of Delaware as the preferred state for incorporation, with suggestions for companies to consider other states like Nevada or Wyoming, given that 1,440,000 out of state companies are registered in Delaware.
But shareholders should be allowed to overturn a court ruling? https://t.co/jpZATDWVfm
if EU Inc goes through, we might consider leaving Delaware and move HQ to Europe, given that judges in Delaware have more power than shareholders now 🤯 https://t.co/8vQlkPduOP
💪This is how shareholders should respond since Delaware’s court tolerated activist judges like Kathleen McCormick far too long making them partially responsible. https://t.co/MTvTV5nNyB