Despite Elon Musk’s Criticism, Delaware Sees Jump in Incorporations

A handful of billionaires and prominent companies have tried to cement a new, less-than-ideal narrative about Delaware: The glory days are over.

“Companies should get the hell out of Delaware,” Elon Musk, who previously had two companies incorporated in the state, wrote on X in 2024.

However, dozens of X posts and interviews disparaging the state over its handling of certain legal cases haven’t moved the needle. In fact, the opposite has happened: The number of companies incorporated in Delaware has increased.

“Amid fears of decline, 2025 was a period of monumental growth for Delaware,” Andrew Verstein, the author of the Corporate Census, wrote in a recent report.

The Corporate Census is a database of nearly all entity formations in the United States, including traditional corporate registrations and alternative options such as LLCs.

Verstein has spent almost two years collecting data on corporations and published an update to his research earlier this month.

Although Delaware has a reputation as a business-friendly state, it faced a storm of bad press in 2024 and 2025 when some companies began to ditch the state for what they considered greener legal pastures. Musk, most prominently, removed Tesla and SpaceX’s corporate registrations from Delaware after a judge voided his multibillion-dollar Tesla pay package.

He and some other prominent CEOs have criticized Delaware’s courts over what they consider subjective rulings. Delaware’s Supreme Court reinstated Musk’s pay package in December, but not before some of Musk’s peers joined his unofficial campaign.

Companies like the VC firm Andreessen Horowitz and the leading crypto-exchange Coinbase followed suit, also citing uncertainty around Delaware’s legal system as a factor in their departures, going so far as to urge others to do the same. The alleged exodus has been dubbed “Dexit,” a play on the words “Delaware” and “exit.”

Despite the departures, Delaware is doing just fine.

“The short answer is that ‘Dexit’ isn’t happening,” Verstein told Business Insider.

The little ‘Dexit’ that didn’t

In his report, Verstein wrote that Delaware’s share of corporate formations increased sharply at the beginning of 2025. Delaware experienced an “absolute increase,” he wrote, meaning the growth was driven by new formations in Delaware rather than a decline in formations in other states.

“Instead, there is a clear increase in Delaware’s relative popularity beginning in 2025, making it a singular leader in a period otherwise lacking corporate growth,” Verstein wrote in the report. “About 30% more Delaware corporations formed in 2025 than in 2024, greatly exceeding the prior trendline. This, while national incorporation levels remained flat.”

At the moment, Verstein said the official cause of the formation boost isn’t clear, but speculated on two theories. For one, Delaware implemented new laws to address some of the complaints from Musk and others. They strengthened corporate management’s authority and altered shareholder rights.

“These laws were intended to restore confidence in Delaware law after several 2024 judicial opinions arguably upset market expectations. Yet the jump in incorporations begins prior to the late February 2025 announcement of SB 21. And it begins substantially after the March 2024 passage of SB 313,” Verstein wrote. “While it is certainly possible that the increase reflects a lagged response to SB 313, or perhaps a preemptive response to the legislative currents that led to SB 21, the timing does not immediately commend itself to that explanation.”

He also pointed toward external factors outside Delaware’s control.

“For example, President Donald J. Trump won the general election on November 5, 2024 and took office on January 20, 2025,” he wrote. “Perhaps Delaware corporations were expected to be especially useful under his administration.”

Verstein said, despite the cause being unclear, “the data are plainly incompatible with the most alarmist theories of Dexit.”

Delaware’s not feeling the heat

For its part, Delaware’s government is unfazed.

“Delaware continues to lead the world as the preeminent home for business,” a spokesperson for Delaware’s Secretary of State, which oversees corporations, said in a statement. “The data speaks for itself — Delaware’s corporate franchise remains strong thanks in large part to the unmatched expertise and efficiency of the Delaware Division of Corporations.”

During a 2024 interview with Business Insider, Secretary of State Charuni Patibanda-Sanchez brushed off concerns that they were struggling due to “political rhetoric.”

“We don’t believe that Delaware’s position as the corporate leader and corporate capital of the world is being threatened in any significant way,” Patibanda-Sanchez said. “We always come under threat, though, because states are always trying to get a piece of the action.”

Visited 1 times, 1 visit(s) today

Related Article

Nvidia’s trillion-dollar run puts pressure on the bulls

BEIJING, CHINA – MAY 14: Nvidia CEO Jensen Huang (C) gestures as he prepares to depart following a welcome ceremony at the Great Hall of the People on May 14, 2026 in Beijing, China. President Trump is meeting with President Xi Jinping in Beijing to address the Iran conflict, trade imbalances, and the Taiwan situation

Permutations in Europe: What’s still at stake in final weeks of season?

There’s still plenty to play for across Europe as we head into the final matches of the club season. Here are all the title races, Champions League fights, and relegation battles left to be decided in the top leagues this month. This story will be updated until the end of the campaign. 👉 Jump to:EPL

Brewing a Better Half-Gallon Batch

Today I finally ran an experiment I’ve wanted to try for a long time. If you’re a professional barista—or you run a busy café—this may save you some time. Most coffee shops use 1–1.5 gallon batch brewers (Bunn, Curtis, Fetco, etc.). When I opened Short Sleeves Coffee, I intentionally avoided brewing full 1-gallon batches. I

5 Frozen Breakfasts Chefs Say Keep You Full All Morning

Chef-approved frozen breakfasts with more protein and better ingredients. Eating a healthy breakfast every morning is a great way to start the day, but most people don’t have time to cook. Whether you’re rushing out the door in the morning for work, taking the kids to school or both, there’s usually not much time in

CA scales back plan to ban student use of cell phones

By Carolyn Jones, CalMatters This story was originally published by CalMatters. Sign up for their newsletters. Until last month, California was poised to join nearly a dozen other states that ban cell phones in K-12 schools. But under pressure from school boards and administrators, lawmakers scaled back a bill that would have required such a

BulkQuant Launches AI Trading Bot for Crypto, Forex, and Stock Markets

BulkQuant Launches AI Trading Bot for Crypto, Forex, and Stock Markets

London, United Kingdom, May 15, 2026 (GLOBE NEWSWIRE) — BulkQuant has officially launched its AI trading bot platform designed for crypto, forex, and stock market traders seeking a simpler way to automate trading strategies across multiple financial markets. The platform combines AI-powered quantitative analysis, automated trade execution, portfolio monitoring, and adaptive risk management into a

IMF lauds resilient Hong Kong economy but warns of risks linked to Middle East war

IMF lauds resilient Hong Kong economy but warns of risks linked to Middle East war

The International Monetary Fund (IMF) has lauded the resilience of Hong Kong’s economy, noting a sustained recovery despite economic activity having yet to return to pre-Covid levels, while warning of downside risks stemming from escalating geopolitical tensions. It also urged Hong Kong to pursue medium-term financial reforms, including the introduction of a goods and services

Smithsonian Presidents Exhibit Reopens With Low-Key Trump Impeachment Mention

For the past year, the Smithsonian Institution has found itself in the awkward position of telling the nation’s story while being supported in part by a government that wants to narrow how that story is told. In December, the White House threatened to revoke funding to the institution if it did not hand over a

Marvel’s Daredevil Follow-up Is Already Dominating on Streaming

A follow-up to Daredevil: Born Again Season 2 on Disney+ has become a massive streaming success within days of its launch. The Punisher: One Last Kill has quickly climbed to the top of multiple charts, beating out other titles on the platform. The MCU television special follows the gun-toting vigilante, who finds himself targeted by

Is Now a Bad Time to Invest?

The market has been on a roll lately, with the S&P 500 (SNPINDEX: ^GSPC) setting new highs throughout May. If you think you missed your opportunity when the market bottomed in late March, don’t fret. The market hitting new all-time highs is not particularly rare and should not change your investment strategy. And if you

6 bids for Hong Kong land sale signal renewed confidence despite market caution

6 bids for Hong Kong land sale signal renewed confidence despite market caution

The Hong Kong government’s first land sale in the current financial year has drawn six bids, according to the Development Bureau, including those from the city’s largest developers, suggesting a more confident outlook for the residential property market. At the close of tender for Tung Chung Town Lot No 54 at Area 106A on Friday

Each Premier League team reranked: Man City rise; Chelsea, Liverpool collapse

Ryan O’Hanlon Close Ryan O’Hanlon ESPN.com writer Ryan O’Hanlon is a staff writer for ESPN.com. He’s also the author of “Net Gains: Inside the Beautiful Game’s Analytics Revolution.”  and  Bill Connelly Close Bill Connelly ESPN Staff Writer Bill Connelly is a writer for ESPN. He covers college football, soccer and tennis. He has been at

Trump departs China after two-day summit

Trump departs China after two-day summit

IE 11 is not supported. For an optimal experience visit our site on another browser. Trump Wraps China Summit With Xi Jinping: What Are the Results? 05:41 Xi gives Trump rare tour of secret garden at heart of Chinese government 01:04 Now Playing Trump departs China after two-day summit 01:01 UP NEXT Special Report: Trump

Carol Chow was facing a bankruptcy petition by five people over unspecified debts at the time of her death. Photo: Dickson Lee

Embattled Hong Kong developer sued for HK$130 million, days after founder’s death

A Hong Kong property developer has been sued for HK$130 million (US$16.6 million) over allegedly breaching guarantor obligations in two bond subscription agreements, becoming the latest lawsuit to implicate the embattled company and following its founder’s sudden death earlier this week. Lofter Group, known for its urban renewal projects across the city’s core districts, and

Trump’s China visit left chip export issue unresolved

This report is from this week’s The Tech Download newsletter. Like what you see? You can subscribe here. One look at the roster of U.S. execs that cozied up to U.S. President Donald Trump on the 20+ hours flight from Alaska to China on Wednesday and you get a sense of the American delegation’s key focus

Why the Cerebras IPO matters for the AI race with China

Why the Cerebras IPO matters for the AI race with China

Cerebras, an AI chipmaker, saw its shares nearly double on Nasdaq, closing up 70% with a $95B market cap. Cerebras’s powerful chips are key in the US-China AI tech race. Chris Buskirk, co-founder and chief investment officer of 1789 Capital, a key Cerebras investor, says the company’s IPO is geopolitically significant. On Thursday, shares of

Fitbit Air vs Whoop Strap Comparison: Price, Features and AI

The Google Fitbit Air is very much the talk of the fitness tracking town right now, not only because it’s the first new Fitbit device that we’ve had in years, but it’s also one of the first big brands to go head-to-head with the established Whoop Strap (if you don’t count the Polar Loop and

0
Would love your thoughts, please comment.x
()
x