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Understanding Delaware's Capital Markets Law: Key Considerations for Investors and Companies alike

Introduction Delaware is widely considered as one of the most business-friendly states in the United States. The state has made significant efforts to attract businesses of all sizes, and this is evidenced by the highly favorable business and tax laws and the state's position as the legal home for over 1.3 million businesses, including over 50 percent of the Fortune 500 companies. One of the most notable laws governing business organizations in Delaware is the Delaware General Corporation Law (DGCL), which drives the state's preeminent position as the predominant legal vehicle for incorporating and managing the financial structure of startups and mid-sized private or public companies. The DGCL is a comprehensive law that creates a clear and concise set of rules for the issuance of securities in the state. This article highlights some of the crucial considerations associated with Delaware's capital markets law for investors and companies alike. Delaware's State Jurisdict...