Questions tagged [delaware]

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

26 questions
9
votes
3 answers

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 agreements? Assume subject is in DE and is a…
gatorback
  • 7,519
  • 3
  • 43
  • 84
7
votes
1 answer

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
  • 7,519
  • 3
  • 43
  • 84
6
votes
1 answer

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 decedent was a resident of Delaware if it's state…
Not_Einstein
  • 215
  • 1
  • 5
3
votes
1 answer

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 business incubator), who also got a board seat. The…
MWB
  • 1,542
  • 2
  • 16
  • 34
2
votes
1 answer

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 knowledge and collaboration, so we're considering…
2
votes
1 answer

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? Suppose we setup a parent Delaware corporation…
2
votes
1 answer

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. Currently, we don't sell any products for a…
Outsider
  • 206
  • 1
  • 11
2
votes
2 answers

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, have an office out there or have any other…
Brh
  • 183
  • 1
  • 6
2
votes
1 answer

How are creditors and public investors protected in the US if there is no minimum capital requirement for public companies?

I recently came across the legal capital requirements for public companies under the Companies Act 2006. Specifically, UK law requires a minimum allotted share capital of £50,000 for a company to incorporate as a public limited company. From what I…
2
votes
1 answer

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 find out who is behind Acme Inc. He makes Alice a…
Greendrake
  • 28,487
  • 5
  • 71
  • 135
1
vote
1 answer

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

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 yesterday because of the first round of…
boatcoder
  • 231
  • 1
  • 6
1
vote
0 answers

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 ever a dispute. There is no letter of…
1
vote
1 answer

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 make purchases. However, it does not disclose…
1
vote
1 answer

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 can I get started? And do I need a licence or just…
Blue Herring
  • 634
  • 6
  • 17
1
vote
1 answer

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 new entity), is there a possibility of…
1
2