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Behind the Money
Why Elon Musk is breaking up with Delaware
Feb 14, 2024
Exploring Delaware's popularity for company incorporation among Fortune 500 companies, particularly Elon Musk's frustration after a Delaware court annulled his $56 billion pay package from Tesla. The significance of Delaware's Court of Chancery in attracting companies, ruling on shareholder lawsuits, efficiency in M&A and proxy fights, and its historical roots. The implications of Elon Musk moving Tesla's incorporation to Texas and the challenges for the Texas Business Court. Elon Musk's decision to relocate Neuralink's incorporation to Nevada and its implications for Delaware and Nevada's reputation for controlling shareholders.
15:44
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Quick takeaways
- Delaware's Court of Chancery, with its fairness and efficiency, has established predictability and reliability in corporate laws, attracting businesses seeking stability.
- Elon Musk's dissatisfaction with Delaware's court system highlights potential doubts about the legitimacy of its courts, but Delaware's long-established reputation and commitment to fairness are expected to keep it dominant for corporate law.
Deep dives
Delaware: The Top Destination for Incorporating Publicly Traded Companies
Delaware has become the preferred choice for incorporating publicly traded companies, with over 300 of the Fortune 500 companies being incorporated there. The state's Court of Chancery, known for its fairness and speed, plays a significant role. Its judges, or chancellors, possess expertise in law, business, and finance, and are known for rendering decisions efficiently. The extensive case law and precedents established over centuries in Delaware have led to predictability and reliability in corporate laws and governance, attracting businesses seeking stability. However, Elon Musk's recent loss in a Delaware court suggests that the state's courts can deviate from the usual dynamics in exceptional cases.
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Discover
highlights
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