Approximately 900,000 businesses are incorporated in Delaware, including 63% of all fortune 500 companies. This is according to Rita K. Farrell in a recent New York Times article.
In various other posts, I have explained how Delaware’s LLC statute provides better asset protection for LLC owners than the law in many other states. The Delaware law for corporations is also advantageous (particularly for larger corporations). This is in part because the law in Delaware is generally favorable to businesses; it tends to be stable; and it is predictable. According to the New York Times, 21% of Delaware’s revenues come from franchise taxes! Many businesses have obviously decided to be formed in Delaware; and Delaware obviously has an incentive to continue that trend.
Various other states are also very viable alternatives for forming a corporation or a limited liability company. I am still forming a number of Ohio corporations under certain circumstances. Each situation must be analyzed on its own. But as noted in the New York Times article referenced above, Delaware is obviously a very popular choice for incorporating a new business. It is also becoming a very popular choice for forming a limited liability company.