§ 18-1210 — Annual statement.

A. A benefit corporation shall annually provide its shareholders with a statement as to the corporation's promotion of general public benefit and any specific public benefit identified in the certificate of incorporation. The statement shall include: 1. The objectives the board of directors has established to promote general public benefit and any specific public benefit; 2. The standards the board of directors has adopted to measure the corporation's progress in promoting general public benefit and any specific public benefit; 3. Objective factual information based on those standards regarding the corporation's success in meeting the objectives for promoting general public benefit and any specific public benefit; and 4. An assessment of the corporation's success in meeting the objectives and promoting general public benefit and any specific public benefit. B. The certificate of incorporation or bylaws of a benefit corporation may require that the corporation: 1. Make the statement described in subsection A of this section available to the public; and 2. Use a third-party standard in connection with or attain a periodic third-party certification addressing the corporation's promotion of general public benefit and any specific public benefit identified in the certificate of incorporation. C. The benefit statement and the assessment of the performance of the benefit corporation in the benefit statement required by subsection A of this section are not required to be audited or certified by a third party. D. A benefit corporation shall send its annual benefit statement to each shareholder on the earlier of: 1. One hundred twenty (120) days following the end of the fiscal year of the benefit corporation; or 2. The same time that the benefit corporation delivers any other annual report to its shareholders.

Legislative History

Added by Laws 2019, c. 45, § 10, eff. Nov. 1, 2019.