Delaware AI company bill: agents run the business, Comer probes

Delaware wants to create a new kind of business: the Artificial Intelligence Company, or AIC, where an AI agent runs the day-to-day operations. The draft bill is not law. But this week House Oversight Chairman James Comer started asking hard questions about it. If you run agents in your business, the useful part is not the headline. It is where the draft puts the liability.

What actually happened

Per Comer's October 26 release, he sent a letter to Delaware Governor Matt Meyer asking for documents on the risks the state assessed and on what is pushing states toward these proposals. He says a December 2025 state AI commission report did not address safety or harms.

The draft itself, as WHYY reported:

• Scope: an AIC can have any lawful purpose, for profit or not, "except for the business of banking."
• Sandbox: organizations get 30 months to apply to a regulatory sandbox for AI-run companies, run by a committee and an administrator.
• Owner: a single member, a person or an entity, must keep the AIC adequately capitalized. That member is not liable for company debts unless it under-capitalizes the company or uses it for fraud or to break the law.
• Records: the AI agent must keep a log of its activities.
• Who: Delaware's Secretary of State and Norm AI's CEO announced it in July. Lawmakers are expected to consider it when they return in January.

Why it matters for your business

Nobody is giving your agent a legal identity this year. Your agents today act as you. Every refund, order, and email they send is your company's act. The draft does not change that for any business outside a future sandbox.

Read the draft as a checklist. Even its supporters require two things: a full activity log and an owner who answers for the agent. That is the minimum bar a regulator will expect from any business that lets an agent move money or sign for it. If your agent can issue a refund and you cannot show who approved what, fix that now.

Capitalization is the tell. Limited liability survives only if the company has the money to cover its agent's mistakes. Translate that to your shop: put a dollar cap on what any agent can spend or refund without a human.

Sources: House Oversight Committee: Comer investigates Delaware AI company initiative, WHYY: Delaware pursues AI-run companies initiative.