Many more companies are trying to incorporate in Delaware than outside of it, despite recent Court of Chancery opinions on controlling shareholder duties and protections for minority shareholders, which prompted Elon Musk’s recent statements about moving Tesla Inc. to Texas.
It’s possible to smoothly exit Delaware, if a publicly held company really wants to reincorporate. Generally, the steps a company needs to follow to reincorporate are simple: Fill out the paperwork. Hold a shareholder vote. Avoid litigation. It helps to follow the guidelines laid out in opinions like the recent TripAdvisor Inc. one, which has widely been been seen ...