Delaware's Draft AI Company Act Lets an AI Agent Manage a Firm and Shields Its Sole Member: What the 36-Page Text Says, and What Comer's 26 October 2026 Letter Demands
What Delaware's draft Artificial Intelligence Company Act would create
A 36-page draft House bill, prepared for Delaware's 153rd General Assembly and marked as a draft of 2 June 2026, would add two chapters to Title 6 of the Delaware Code: an Artificial Intelligence Regulatory Sandbox Program and an Artificial Intelligence Company Act. The new entity, the AIC, has exactly one member, and its manager is an AI agent that runs the business and must document every action in a signed record. The program would run for 30 months, banking is excluded, and admission is decided by a committee that includes the Secretary of State, the Attorney General and the Chief Justice. The draft's central feature is a member liability shield that holds while the company stays adequately capitalized.
Why House Oversight wrote to Governor Meyer on 26 October 2026
Chairman James Comer of the House Committee on Oversight and Government Reform asked Governor Matt Meyer for all drafts, outside contributors' agreements, safety discussions and communications on the proposal since 1 January 2025, due by 9 November 2026. The letter says the AIC could protect AI companies and investors "from responsibility for reckless harmful actions" and questions the role of an AI company contributing to the project, which the Secretary of State's own op-ed in Fortune identifies as Norm Ai. It also signals possible federal legislation to limit state AI initiatives, which puts Delaware corporate law and federal preemption on the same table before the bill has even been introduced.