According to the draft bill as reported, an AIC could pursue any lawful purpose except banking, and AI agents could be designated to manage its business and affairs. The company would have a single "member", a person or entity, that funds it and benefits from its profits. Under the draft, the member is not liable for the company's acts or omissions, except in cases of fraud, willful violation of law, or conduct the member knew or should have known was outside the company's stated purpose. The company would have to keep an activity log and remain adequately capitalized.
The proposal includes a 30-month regulatory sandbox. Delaware Secretary of State Charuni Patibanda-Sanchez presented it in July 2026 in an op-ed co-written with John Nay, CEO of Norm Ai, which leads the public-private partnership developing the framework. According to a June report by Spotlight Delaware, the bill is likely to be introduced in the state legislature next year.
Comer wrote that the committee's inquiry could inform federal legislative proposals to limit state AI regulatory initiatives. A spokesperson for the governor said the letter had been received and was under review. About two-thirds of Fortune 500 companies are incorporated in Delaware. It is not yet known whether the final text will change the liability provisions or exactly when it will be introduced.