Questions tagged [delaware]

Questions concerning the laws, criminal justice system, civil court procedures and related topics specific to the state of Delaware.

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9 votes
3 answers
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How can a company compel a W2 employee to sign a non-compete agreement?

Assume the company is in Delaware and been taken over by a larger corporation: If one already has the job, is it possible to for the larger corporation to compel existing employees to sign non-compete ...
gatorback's user avatar
  • 7,145
7 votes
1 answer
4k views

Why was the Dominion v. Fox case tried in Delaware?

As reported, Fox News is sued in the Delaware courts by Dominion. What determines which state(s) the Dominion v. Fox case is tried?
gatorback's user avatar
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6 votes
1 answer
2k views

Who has the right to examine a will?

If a person is notified that they are named in a will and there is an asset they will inherit, would that person then have the right to examine the will if it's not already public information? The ...
Not_Einstein's user avatar
3 votes
1 answer
182 views

Who owns the company before the founders' shares vest (HBO's Silicon Valley plot point)?

In the HBO show Silicon Valley, an important plot point is when one investor fires the founder/CEO against everyone's objections. Originally, the founder gave 10% of the company to investor A (a ...
MWB's user avatar
  • 1,294
2 votes
1 answer
162 views

How much incentives do Delaware Registered Agents have to keep coproration owners' identities condifential?

Say Bob wants to create Acme Inc. in Delaware and keep it secret from the public who the owner/director is. He contracts Alice to be his registered agent, and she signs an NDA. Rob is desperate to ...
Greendrake's user avatar
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2 votes
1 answer
275 views

Do I need to register for Foreign Qualification in my situation?

I am wondering if or where I need to register for Foreign Qualification: I incorporated a company as a C-corp in Delaware. I work day-to-day and have set the official HQ of the corporation in Maryland....
Outsider's user avatar
  • 206
2 votes
1 answer
129 views

What prevents a business from separating the liability and revenue into two separate entities?

I know holding companies are a common way to separate the liability of business operations from the assets of a company, but is there any legal reason why businesses don't take this a step further? ...
wanderingmathematician's user avatar
2 votes
1 answer
343 views

Can an Association or Society Be Formed as a For-Profit Company?

I'm part of a group of three people who have worked for a while in a specific business niche. We pooled our knowledge and contacts and realized that a lot of businesses could benefit from the ...
TortillaTester's user avatar
2 votes
2 answers
123 views

Creating a LLC in Delaware when I am in California?

If I live/work in California can I create an LLC in Delaware (or possibly Nevada)? I've read that it's much cheaper and overall a better idea to have an LLC in Delaware. But I don't live out there, ...
Brh's user avatar
  • 183
1 vote
2 answers
84 views

How should one interpret a Delaware judge's instructions?

This is regarding a corporate matter in Delaware (the seat of a majority of U.S. corporations). A Delaware judge ordered a corporation to post a relevant notice "for two weeks in a widely circulated ...
Libra's user avatar
  • 6,458
1 vote
1 answer
191 views

Do you need approval from the FAA for amateur model rocket launches?

I'm building a model rocket that will probably go a maximum of 30km. Do I need special permission from the FAA to do this? I'm in Delaware, U.S.A., and this is a Class 1 Model Rocket. If I do, where ...
Blue Herring's user avatar
1 vote
1 answer
61 views

Is it normal to reverse transfer ownership during a funding round? [closed]

Delaware Corp (for jurisdiction) Got involved in an unfunded startup last year and we managed to strike pay dirt. I'm the engineering side of the equation. Got a request to return some of my shares ...
boatcoder's user avatar
  • 231
1 vote
1 answer
77 views

Whose meaning prevails in a consumer contract of adhesion?

A consumer calls his bank and requests that his account be closed. The bank says that the account has been closed, and changes the status of the account such that the account can no longer be used to ...
Josh Johnson's user avatar
1 vote
2 answers
85 views

Is a business license needed for an online business, with incorporation in one state and ownership residence of another?

One has an LLC in Delaware but resides in North Carolina. All sales of the company are online and not in any one particular state. Is a business license needed in either of Delaware or North Carolina,...
shell's user avatar
  • 111
1 vote
2 answers
45 views

How do I find a specific case in Delaware?

I've been reading about a patent case between BT and Valve Corp. From my reading I've found this complaint: https://search.rpxcorp.com/litigation_documents/12085257 I'd like to know more about this ...
Shazamo Morebucks's user avatar
1 vote
1 answer
48 views

Appraisal Rights in Chapter 11?

Assuming some number of shareholders believe that the bankruptcy process is inadequately compensating them (i.e. by setting the company valuation too low and thus giving creditors too much equity in a ...
Hellawyer's user avatar
1 vote
1 answer
67 views

Non US company raised equity by issuing shares to non accredited investors,does re-domiciliation to Delaware cause retroactive breach of US laws?

As per the title I would like to know if anybody knows what happens if a foreign non -- U.S. company ( offshore ) raises equity by advertising and soliciting investors included but not limited to ...
ernest DEZOE's user avatar
1 vote
1 answer
133 views

Delaware : Legal Notice by email

My contract (Delaware Law) doesn't specify how notices have to be delivered. By default, is email a legal notice ? I want to terminate a contract and have to notify the person of the termination. ...
Taiko's user avatar
  • 111
1 vote
0 answers
57 views

Is an LLC Membership Certificate Legally Binding?

I'm wondering if an LLC Membership Certificate that has been signed by the owner of the company and promises a certain amount of stake in the LLC is legally binding/would hold up in court if there was ...
Evan's user avatar
  • 111
1 vote
2 answers
76 views

Starting up an internet company that's legally based in Delaware, U.S.A - compliance with local and foreign laws

I am starting a company and looking to create a C Corporation incorporated in Delaware, where we will provide online services to an Australian market. In Australia, the services we're providing are ...
sdgfdb's user avatar
  • 11
0 votes
1 answer
1k views

Is it legal for a software company to have more than one CTO?

It is my understanding that a company is not allowed to have more than one CEO. If this is true, similar restrictions should apply to the CFO. Could anybody tell me whether it is legal (in Delaware) ...
Leandro Caniglia's user avatar
0 votes
2 answers
553 views

Can people use an LLC in Delaware to legally avoid tax in his home country?

Say I am a citizen of Malaysia. I am thinking of either opening a corporation in Seychelles or Delaware LLC. As far as I know, both are tax free, cheap, and stuff. Delaware LLC is even cheaper. ...
user4951's user avatar
  • 790
0 votes
1 answer
1k views

Can I form an LLC without a primary office physical address, preferably in Washington or Delaware? [closed]

Can I form an LLC without a primary office physical address, preferably in Washington or Delaware? I am a "digit nomad": I am a US citizen but have no long-term physical address anywhere in ...
Bruno Rijsman's user avatar
0 votes
1 answer
43 views

Do startups pay taxes on venture funds?

The corporate tax rate in Delaware is 8.7%. The federal corporate tax rate, which startups likely don't have the faculties to avoid paying, is 21%. If I'm a startup incorporated in Delaware, and I ...
TheEnvironmentalist's user avatar