When you are thinking about starting your own business, there can be a number of reasons that incorporating in Delaware may seem attractive. Delaware is a particularly attractive state for the incorporation of large corporations because it offers the best franchise tax rules and has typically been the most pro-management. It provides the best protection for board members against derivative lawsuits, there is less protection for minority shareholders than in California, and Delaware also offers limited statutory protection against hostile takeovers.
While all of these concerns can certainly be important, they may mean very little when your company is not ready for an initial public offering (IPO) or stock launch, or later rounds of equity financing. When you are debating this type of decision, be sure to speak with a California startup attorney at Structure Law Group, LLP.
Advantages of Incorporating in Delaware