Delaware
Delaware state laws, regulations, court decisions, and active legislation
Overview
Delaware occupies a unique position in American law as the state of incorporation for more than 60% of Fortune 500 companies. The Court of Chancery, a specialized equity court with deep expertise in corporate law, makes Delaware the most influential jurisdiction for business formation and corporate governance disputes. Delaware's General Corporation Law is the most widely used corporate statute in the nation.
Beyond corporate law, Delaware has a mixed legal landscape with moderate tenant protections, a medical marijuana program, and a criminal justice system that includes the death penalty. The state's small size allows for a relatively efficient legal system.
Court Structure
Delaware's court system includes Justice of the Peace Courts, Court of Common Pleas, Family Court, Superior Court (general jurisdiction), the Court of Chancery (specialized equity court), and the Supreme Court of Delaware. The Court of Chancery is Delaware's most famous legal institution — a court without juries that specializes in corporate and business disputes, trust matters, and other equitable claims. Its decisions are highly influential in corporate law nationwide.
Unique Laws & Facts
- •The Court of Chancery is a unique equity court specializing in corporate law, with no jury trials
- •More than 60% of Fortune 500 companies are incorporated in Delaware
- •Delaware's General Corporation Law is the most widely used corporate statute
- •The state allows trusts of unlimited duration (no rule against perpetuities)
- •Delaware has no sales tax
Legal Landscape
Delaware's legal landscape is defined by its outsized role in corporate law and business formation. The Court of Chancery's expertise and the state's business-friendly legal framework attract companies worldwide. Beyond corporate law, Delaware has a moderate regulatory environment with a mix of progressive and traditional legal policies.