April 28 (Reuters) - Latin American e-commerce giant
MercadoLibre's ( MELI ) board called on its shareholders on
Monday to approve a redomestication of its U.S. operations from
Delaware to Texas, in a filing ahead of a June 17 shareholders
meeting.
WHY IT'S IMPORTANT
Among Latin America's largest companies, the e-commerce
giant is considered the region's answer to Amazon ( AMZN ) and
is also spear-heading a digital drive with expansions in online
financial services.
Delaware was until recently the undisputed home of U.S.
corporations thanks to its friendly legislation, though few
companies have operations there.
However, a trickle of firms have left Delaware for Texas -
notably Elon Musk's Tesla after a local judge ruled
against a proposed pay package. Musk has urged other companies
to follow suit.
KEY QUOTES
"The Board considered that while more developed, Delaware
law can be indeterminate because of its use of broad, flexible
standards that are applied to individual cases in a highly fact
specific way," MercadoLibre ( MELI ) said in the filing.
"This focus on precise facts and circumstances means
Delaware decisions may be less predictable for an innovative
company like MercadoLibre ( MELI )."
It added that a recently enacted rule for codifying business
judgments in Texas should "provide greater certainty to the
board in its decision-making."
CONTEXT
The vote will require the approval of a majority of
shareholders. If the vote does not pass, MercadoLibre ( MELI ) said its
domicile will remain unchanged. It also noted it could face
legal challenges from stockholders among others.
Analysts have said the move could benefit MercadoLibre ( MELI ) and
mark an added challenge to Asian e-commerce players such as
Shein and Temu, whose are subject to a Mexican tariff on
products imported through its courier services.