Delaware draft bill would let AI agents run companies; Comer seeks documents
For the BSA/KYC head at a regional bank
Rep. James Comer (R-Ky.), chairman of the House Committee on Oversight and Government Reform, wrote to Delaware Gov. Matt Meyer on Oct. 26 seeking documents on the state's plan for an Artificial Intelligence Company (AIC), a legal entity managed by an AI agent, according to Ars Technica.1
Delaware Secretary of State Charuni Patibanda-Sanchez announced the proposal in a July 2026 Fortune op-ed, which argued that states should give autonomous software a legal identity so responsibility and damages can attach to it, as Ars Technica reported.1 The effort follows a July 2025 legislative resolution Meyer signed to create a regulatory sandbox for agentic AI, which led the Delaware Artificial Intelligence Commission to form a Sandbox Subcommittee, according to the commission's December 2025 annual report as quoted by Ars Technica.1
Under the draft bill, an AIC may have any lawful purpose except the business of banking, and AI agents could be designated to manage and conduct its business, according to Ars Technica's quotation of the draft.1
The AIC can sue and be sued, hold and dispose of property, and incur obligations; it has a single member, a person or an entity, that must keep it adequately capitalized, and the AIC must keep a log of its activities, according to the op-ed as described by Ars Technica.1
The member is not liable for the AIC's acts or omissions, with exceptions for fraud or willful violation of law, or for allowing the AIC to operate outside its statement of purpose when the member knew or should have known, according to the draft bill as quoted by Ars Technica.1
The bill proposes a 30-month regulatory sandbox; Spotlight Delaware reported in June 2026 that the bill is likely to be introduced in the legislature next year, and a Meyer spokesperson told Ars Technica the office is reviewing Comer's letter.1
The draft bars AICs from the business of banking but says nothing in these sources about banking them, so banks may face account and onboarding requests from entities owned by one member and run by software. Customer due diligence and ownership checks would need to cover an AI agent in the controller role and rely on an activity log.
Delaware has not yet introduced the bill, which Spotlight Delaware reported is likely to reach the legislature next year, and Comer said his committee's probe could inform possible federal efforts to limit state AI regulatory initiatives.1
Our take. The draft bars AI-run companies from the business of banking, not from banking with you. Its one human or corporate member funds it and is shielded from the agent's acts, so your onboarding finds an owner and no decision-maker.
Action. BSA/KYC: Map how beneficial-ownership and control-person fields would be filled for an entity whose manager is an AI agent.