The New York Times Sunday Paper, last week, published an article about Incorporating in Delaware that was misleading. Read the article here.
This infographics corrects those myths because it highlights the real reason people incorporate in Delaware, because of liability protection. Delaware is the ultimate bullet-proof jacket. The US Chamber of Commerce has rated Delaware number one in every category since it started ranking judicial systems.
Delaware is the corporate capital of Main Street and Wall Street. Delaware has an environment which allows businesses small and large to prosper because it allows business managers to take risks without fear of personal liability. Other states have “thinner bullet proof jackets”. This Delaware protection is called the “business judgment rule” and provides the manager protection in most instances, provided there is good faith and no self-dealing. This protection is upheld by a business court called the “Court of Chancery” which is comprised of judges who, when nominated by the Governor, are required to be sophisticated corporate lawyers.
If you form a company in Delaware the laws that govern the “internal affairs” of the company will be Delaware laws, no matter where your company does business. This is affirmed in the United States Chambers of Commerce study on legal systems, which has rated Delaware number one each time it has ranked state legal systems. This will help you in the future when you need it.
Infographic Source: John L. Williams, Esq.
This infographics blog post is a guest post from IncNow.com
Delaware Business Lawyer
Featured on NBC Today Show, Dateline NBC, China Business News, Xinhua News Agency, Swiss National Public Television
Introduction:
John L. Williams, Esq. helps small business owners through all stages of their business. From formation and choice of entity, to contract drafting and negotiation, he holds annual meetings with certain corporate clients. He helps business owners with estate planning. When partners go separate ways, he has experience in unwinding the LLC and corporation.
He enjoys drafting corporate documents to avoid future disagreements and litigating for clients when conflict is unavoidable. He is especially experienced in the sale or purchase of a business and rendering opinion letters for Single Purpose Entity financing transactions. He advocates for clients in all Delaware state courts. He is licensed to practice law in Delaware, Pennsylvania, New York, New Jersey and Massachusetts.
His practice focuses on business law and trust law. He manages both (1) The Williams Law Firm, P.A. www.TrustWilliams.com and (2) Agents and Corporations, Inc. www.IncNow.com which were both founded by David N. Williams, Esq. in 1974.
Agents and Corporations, Inc. focuses on Delaware incorporation of both corporations and LLCs. Additionally it serves as incorporator in Nevada (Nevada.IncNow.com) and Florida (Florida.IncNow.com), through its registered agent offices in Reno and Naples, respectively.
Professional Activities:
Delaware Law Weekly: Interviewed on International foreign money judgment recognition.
Lecturer for seven National Business Institute seminars on continuing education for attorneys on special uses of Delaware LLCs (2006-2011).
Lecturer at Sterling Education Seminar on Estate Planning – Advanced Trust Topics (2011).
Lecturer at Delaware Trust Conference sponsored by Delaware Bankers Association.
Expert witness for Office of Public Advocacy of Alaska in litigation involving Delaware Series LLC owning 40 parcels of real estate (Genesis Properties LLC vs. McDowell).
Small Business Development Center: lecturer to Advisors on choice of entity.
Small Business Administration (Delaware) Presenter on:
- Intellectual Property and
- Choice of entity
University of Delaware: Guest lecturer in senior seminar on small business.
Compliance Weekly: Quoted in June 9, 2008 article on “State-Federal Tussle on Beneficial Owners.”
Gunnip & Company LLP (Certified Public Accounting firm) presenter on LLC law in Delaware, 2009.
Limited Liability Company Handbook 2008-2009, 2011-2012 Editions: Acknowledgment thanking John Williams for assistance by author, Walter Schwidetzky.
Recognized by Philadelphia Magazine as 2010 & 2011 “5-Star Wealth Manager” in Estate and Business Planning.
Occupation:
Attorney and Small Business Consultant
Employment:
- Agents and Corporations, Inc.
Vice President, 2001 – present
- The Williams Law Firm, P.A.
Vice President & Partner, 2001 – present
- The Delaware Supreme Court
Summer Clerk to Justice Walsh, 2000 – 2000
- The Delaware Court of Chancery
Sumer Clerk to Vice Chancellor Jacobs, 1999 – 1999
- The Coca-Cola Company
Extern – Intellectual Property Legal Department, 2000 – 2001
Education:
- Williams College
Political Economy, 1994 – 1998
- Emory University School of Law
Juris Doctor, 1998 – 2001
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