(1)A public benefit corporation shall
prepare an annual report that includes:
(a)A narrative description of:
(I)The ways in which the public benefit corporation promoted the public
benefit identified in the articles of incorporation and the best interests of those
materially affected by the public benefit corporation's conduct;
(II)Any circumstances that have hindered the public benefit corporation's
promotion of the identified public benefit and the best interests of those materially
affected by the public benefit corporation's conduct; and
(III)The process and rationale for selecting or changing the third-party
standard used to complete the assessment pursuant to subsection (1)(b) of this
section; and
(b)An assessment of the overall social and environmental performance
Free access — add to your briefcase to read the full text and ask questions with AI
(1) A public benefit corporation shall
prepare an annual report that includes:
(a) A narrative description of:
(I) The ways in which the public benefit corporation promoted the public
benefit identified in the articles of incorporation and the best interests of those
materially affected by the public benefit corporation's conduct;
(II) Any circumstances that have hindered the public benefit corporation's
promotion of the identified public benefit and the best interests of those materially
affected by the public benefit corporation's conduct; and
(III) The process and rationale for selecting or changing the third-party
standard used to complete the assessment pursuant to subsection (1)(b) of this
section; and
(b) An assessment of the overall social and environmental performance of
the public benefit corporation against a third-party standard:
(I) Applied consistently with any application of that standard in prior benefit
reports; or
(II) Accompanied by an explanation of the reasons for any inconsistent
application. The assessment does not need to be performed, audited, or certified by
a third party.
(2) For purposes of subsection (1) of this section, third-party standard
means a standard for defining, reporting, and assessing the overall corporate social
and environmental performance, which standard is developed by an organization
that is not controlled by the public benefit corporation or any of its affiliates and
that makes publicly available the following information:
(a) The criteria considered when measuring the social and environmental
performance of a business, the relative weightings of those criteria, if any, and the
process for development and revision of the standard; and
(b) Any material owners of the organization that developed the third-party
standard, the members of its governing body and how they are selected, and the
sources of financial support for the organization, in sufficient detail to disclose any
relationships that could reasonably be considered to compromise its independence.
(3) A public benefit corporation that prepares a report pursuant to this
section shall send it to each shareholder.
(4) A public benefit corporation shall post all of its reports prepared
pursuant to this section on the public portion of its website, if any, but the public
benefit corporation may omit from the posted reports any financial or proprietary
information included in the reports.
(5) If a public benefit corporation does not have a website, the public benefit
corporation shall provide a copy of its most recent report, without charge, to a
person that requests a copy, but the public benefit corporation may omit any
financial or proprietary information from the copy of the benefit report so provided.