§ 33-1352 — Construction of statutes.

(a) The provisions of this section and sections 33-1353 to 33-1364, inclusive, shall be applicable to all benefit corporations. (b) The provisions of this section and sections 33-1353 to 33-1364 , inclusive, shall not create an implication that a contrary or different rule of law is applicable to a business corporation that is not a benefit corporation. The provisions of this section and sections 33-1353 to 33-1364 , inclusive, shall not affect a statute or rule of law that is applicable to a business corporation that is not a benefit corporation. (c) Except as otherwise provided in this section and sections 33-1353 to 33-1364 , inclusive, the provisions of chapter 601 shall be generally applicable to all benefit corporations. The specific provisions of this section and sections 33-1353 to 33-1364 , inclusive, shall control over the general provisions of chapter 601. (d) A provision of the certificate of incorporation or bylaws of a benefit corporation may not limit, be inconsistent with, or supersede a provision of this section or sections 33-1353 to 33-1364 , inclusive. (e) Nothing in this section or sections 33-1353 to 33-1364 , inclusive, shall (1) be construed as creating or granting to any person any contractual right to, or proprietary interest in, the income or assets of a benefit corporation by virtue of the fact that he or she may directly or indirectly benefit from the general public benefit or any specific public benefit of a benefit corporation, (2) be construed as imposing or creating a charitable use, interest or restriction on any property or assets of a benefit corporation, or (3) deprive the Attorney General of jurisdiction over a benefit corporation under any other applicable law.

Legislative History

(P.A. 14-217, S. 142.)