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Lawmaker to propose ‘business court’ to lure corporations to Iowa

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December 20th, 2024 by Ric Hanson

(Radio Iowa) – The chairman of the Iowa Senate Commerce Committee is proposing creation of an Iowa “business court” — hoping it will prompt big businesses to declare Iowa as home base. For more than a century, many corporate executives have chosen Delaware to be the legal home for their companies due to Delaware’s courts — and two-thirds of Fortune 500 companies are incorporated in Delaware. Senator Mike Bousselot of Ankeny says recent court rulings in Delaware — including a verdict against Elon Musk — are creating an opening for other states.

“We’ve seen Elon Musk pulling businesses out of Delaware, moving them to Texas where they’ve started a business court so that they can have those disputes resolved,” Bousselot says. “We’ll look at that in Iowa and making sure that we have an environment that’s friendly for incorporating a business, so it’s easier to move your business to Iowa, easier to do business here.” Bousselot says in addition to the idea of a full-time business court, he’s reviewing changes to state laws that allow businesses to incorporate here.

“I’m working with the Iowa State Bar Association as well as the justices on the Iowa Supreme Court to talk about what does the incorporation code look like, making it easier for (businesses) to incorporate here and to have disputes resolved,” Bousselot says. In September, a business court in Texas began hearing cases about corporate governance and other claims. Oklahoma plans to open two business courts in 2026. The Iowa Supreme Court created an Iowa Business Specialty Court eight years ago. Nine district court judges are assigned to preside over complex businesses cases, however they do that work on top of their regular caseload.