fbpx
Vertiv Introduces New Single-Phase Uninterruptible Power Supply for Distributed Information Technology (IT) Networks and Edge Computing Applications in Europe, Middle East, and Africa (EMEA)Read more Students from JA Zimbabwe Win 2023 De La Vega Global Entrepreneurship AwardRead more Top International Prospects to Travel to Salt Lake City for Seventh Annual Basketball Without Borders Global CampRead more Rise of the Robots as Saudi Arabia Underscores Global Data and Artificial Intelligence (AI) Aspirations with DeepFest Debut at LEAP23Read more Somalia: ‘I sold the last three goats, they were likely to die’Read more Merck Foundation and African First Ladies marking World Cancer Day 2023 through 110 scholarships of Oncology Fellowships in 25 countriesRead more Supporting women leaders and aspirants to unleash their potentialRead more Fake medicines kill almost 500,000 sub-Saharan Africans a year: United Nations Office on Drugs and Crime (UNODC) reportRead more Climate crisis and migration: Greta Thunberg supports International Organization for Migration (IOM) over ‘life and death’ issueRead more United Nations (UN) Convenes Lake Chad Countries, Amid Growing Regional CrisisRead more

Delaware: small US state is the stage for Musk, Twitter battle

show caption
Elon Musk initially sought to buy Twitter for $44 billion but then tried to back away from the deal -- and now the case will be decided in a Delaware court./AFP
Print Friendly and PDF

Jul 20, 2022 - 05:36 AM

WASHINGTON — A high-stakes court battle between Elon Musk and Twitter began Tuesday in Delaware, a tiny slice of America’s east coast best known as the nation’s oldest state.

Yet it’s also the legal home for many corporations, drawn by its reputation as a tax haven and expertise in settling business disputes.

Here’s a closer look at Delaware:

Fortune 500 

Twitter chose in 2007 to incorporate in Delaware, less than two hours’ drive northeast of Washington, instead of California, where the social network has its headquarters.

The one-to-many messaging platform is not alone: beverage giant Coca-Cola, mega-retailer Walmart and aerospace titan Boeing are all registered in Delaware.

In fact, more than 1.6 million companies have taken up legal residence in the state, according to official data from the Delaware Business Service.

That’s far more than the state’s population of about 970,000.

More than two-thirds of businesses on the Fortune 500 list of the largest US companies have chosen Delaware as their legal base.

A post office box is often the only physical presence many of those companies have in the state.

Taxes and transparency 

Among the reasons that companies register in Delaware is the state’s reputation for the ease and speed with which it can process a business registration.

For $1,000, the Delaware government’s division of corporations can register a new entity in one hour.

In other states, the average processing fee is $100-$200 but takes a full business day.

This procedural ease also comes with limited transparency: Delaware does not require the name of the actual beneficiary at the time of registration, thus allowing companies to guarantee almost total secrecy to their owners.

As a result, shell companies flourish on US soil, as revealed by the Panama Papers in 2016.

The lack of transparency is matched by an advantageous tax policy for companies.

If a company does not conduct its operations in the state — which is the case for a majority of major names registered there — then it does not have to pay income tax.

Instead, the organization pays a much more modest franchise tax.

As a result, Delaware is often considered a tax haven for companies — despite the state’s insistence to the contrary.

Legal system 

With this glut of businesses, a whole legal system has developed in Delaware, giving it a reputation for expertise in handling corporate litigation.

The Musk-Twitter case will be heard in the Delaware Court of Chancery, a court specializing in business law that was established in 1792, modeled on a British court of the same name.

“The Delaware Court of Chancery is widely recognized as the nation’s preeminent forum for the determination of disputes involving the internal affairs of the thousands upon thousands of Delaware corporations and other business entities,” the court says on its website.

The court notes that its decisions largely turn on the concept of fiduciary duty, which is the commitment to act in the best interest of someone or something else.

And, most notably in the United States, the court does not use a jury to decide a case.

During the first hearing Tuesday, Judge Kathaleen McCormick set the Musk-Twitter trial to begin in October.

MAORANDCITIES.COM uses both Facebook and Disqus comment systems to make it easier for you to contribute. We encourage all readers to share their views on our articles and blog posts. All comments should be relevant to the topic. By posting, you agree to our Privacy Policy. We are committed to maintaining a lively but civil forum for discussion, so we ask you to avoid personal attacks, name-calling, foul language or other inappropriate behavior. Please keep your comments relevant and respectful. By leaving the ‘Post to Facebook’ box selected – when using Facebook comment system – your comment will be published to your Facebook profile in addition to the space below. If you encounter a comment that is abusive, click the “X” in the upper right corner of the Facebook comment box to report spam or abuse. You can also email us.