Following the rescindment of CEO Elon Musk’s pay package, Tesla is considering moving its incorporation status from Delaware to Texas, and it is just one step away from doing so.
Earlier this week, we covered Musk’s pay package and how a Shareholder who challenged it in court won based on Delaware Chancery Court Judge Kathaleen McCormick’s opinion that the “unfathomable sum” of money awarded was unjust and unfair to the company’s investors.
There have been a lot of different perspectives on the decision, but following the news, Musk immediately stated that companies should not incorporate their businesses in Delaware.
It now seems he has one foot out the door.
Tesla could incorporate into Texas
Musk posted a poll to X on Tuesday asking if Tesla should change its State of Incorporation to Texas, where its headquarters is located. After 1.1 million votes, 87.1 percent of respondents said yes.
Should Tesla change its state of incorporation to Texas, home of its physical headquarters?
— Elon Musk (@elonmusk) January 31, 2024
The Tesla CEO also said after the poll was complete that it would “immediately” hold a shareholder vote to transfer its State of Incorporation from Delaware to Texas. Based on the vote on X, it will be voted by Tesla shareholders that the company should move to Texas.
Why did Tesla incorporate in Delaware?
Tesla, along with many other large companies, are incorporated in Delaware for several reasons, including tax reasons and privacy.
According to LegalZoom, the advantages of incorporating a business in Delaware include:
- Tax benefits
- Corporation court, which helps encourage more predictable outcomes
- Quickly processed filings
- Residency is not required
- Slimmed-down corporate structure
- Angel investors or Venture Capitalists prefer Delaware incorporation
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