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Public Benefit Corporation

Royer Cooper Cohen Braunfeld LLC

To “B” or Not to “B” a Benefit Corporation *

As counsel for many socially-conscious businesses, perhaps the most frequent early-stage question we field from entrepreneurs is whether they should organize their business as a traditional business entity (such as a...more

Allen Matkins

In Determining Whether A Corporation Qualifies As A Religious Corporation, Words Speak Louder Than Actions.

Allen Matkins on

California readers most likely are aware of the fact that California's nonprofit corporate law is triadic.  Thus, it possible to organize a nonprofit corporation as a public benefit corporation, a mutual benefit corporation...more

Mintz - Energy & Sustainability Viewpoints

Energy & Sustainability Client Feature — Cultivo

This month, we are excited to feature our client Cultivo, a public benefit corporation, which recently announced that it has raised $14 million in Series A funding to accelerate its mission to unlock investment into...more

Allen Matkins

For How Long Is That Proxy Valid?

Allen Matkins on

Section 705(a) of the California Corporations Code provides that no proxy is valid after the expiration of 11 months from the date thereof unless otherwise provided in the proxy.  This is a reflection of the fact that proxies...more

Allen Matkins

Is It Possible That Some Possibilities Are Unreasonable?

Allen Matkins on

Section 5342(e) of the California Corporations Code requires a nonprofit public benefit corporation to provide, upon the request of a member, to either allow inspection and copying of all members' names, addresses or voting...more

Farella Braun + Martel LLP

Nonprofit Basics: How To Wind up a California Charity

Welcome to EO Radio Show – Your Nonprofit Legal Resource. I'm Cynthia Rowland, and episode 49 of EO Radio Show summarizes the steps to wind up a charity that is a nonprofit corporation registered and operating in California....more

International Lawyers Network

Establishing A Business Entity In Israel (Updated)

While there are a few different forms of “corporate” entities in Israel, this guide will focus on companies and partnerships as these are the entities that the non-Israeli businessman is most likely to set up or invest in if...more

Farella Braun + Martel LLP

Nonprofit Basics: Director Duties and Best Practices for the Typical Nonprofit Public Benefit Corporation

Welcome to EO Radio Show - Your Nonprofit Legal Resource, brought to you by the Exempt Organizations Group at Farella Braun + Martel. My name is Cynthia Rowland, and I'm a partner at Farella. I'm a business and tax lawyer...more

Mintz - Energy & Sustainability Viewpoints

Is a Public Benefit Corporation Right for Your Mission-Driven Business?

This article is geared towards founders who have an idea for a mission-driven business and want to know what to do next. Why does this article focus on Delaware? - Delaware has become internationally recognized as...more

Robins Kaplan LLP

The ABCs of PBCs: How This Relatively New Corporate Form Mandates a Broader View of Business

Robins Kaplan LLP on

Socially beneficial causes now play a large role in consumers’ and employees’ decision-making. A recent survey from 2021 shows that 44% of millennials and 49% of Gen Zers reported making choices about the type of work they...more

Allen Matkins

Must A Nonprofit Abnegate Private Gain?

Allen Matkins on

The California Corporations Code includes provisions governing a wide variety of nonprofit organizations.  However, the "Big 3" categories of nonprofit corporations are the public benefit, mutual benefit and religious...more

Barnea Jaffa Lande & Co.

Amutot and PBCs Set to Independently Update Details and Information

The Israeli website “GuideStar,” which provides information about Amutot (One of the common types of non-profit organizations in Israel) and PBCs, launched a new and important interface that enables these organizations to...more

Morrison & Foerster LLP

Unique Considerations for Lending to a Delaware Public Benefit Corporation

In 2013, following in the footsteps of California, Delaware introduced a new corporate form that could be chosen by companies organized under its state law – the public benefit corporation (PBC). This type of corporation is...more

International Lawyers Network

Establishing A Business Entity In Israel (Updated)

While there are a few different forms of “corporate” entities in Israel, this guide will focus on companies and partnerships as these are the entities that the non-Israeli businessman is most likely to set up or invest in if...more

Wilson Sonsini Goodrich & Rosati

Converting to a Delaware Public Benefit Corporation: Lessons from Experience

The past two years have seen a dramatic shift in practice relating to the Delaware public benefit corporation (the PBC)—a corporate form that requires the board of directors to balance stockholders' monetary interests, the...more

ArentFox Schiff

2022 Sparks Opportunity for AgTech Certified B Corps With Environmental, Social, and Corporate Governance (ESG) Goals

ArentFox Schiff on

The role of environmental, social, and corporate governance (ESG) factors in capital allocation and investment decisions are poised to take center stage in 2022. A trend that entered the mainstream with a statement from the...more

Barnea Jaffa Lande & Co.

Conditions for Amutot and PBCs to Engage with Israeli State Institutions

Barnea Jaffa Lande & Co. on

Up until today, pursuant to an Israeli government resolution dating back to 2001, NPOs (such as Amutot and public-benefit companies) that did not possess a certificate of proper management could not engage with government...more

Holland & Knight LLP

Sociedades de Beneficio e Interés Colectivo (BIC) en Colombia

Holland & Knight LLP on

La Ley 1901 de 2018 de Colombia consagra la posibilidad de que aquellas sociedades que además del beneficio e interés de sus accionistas, actúen en procura del interés de la colectividad y del medio ambiente, adopten la...more

Barnea Jaffa Lande & Co.

Israeli High Court Ruling: The Knesset Finance Committee is Limited in its Authority to Approve Tax Benefits for NPOs

The Israeli High Court of Justice ruled recently that section 46 of the Income Tax Ordinance does not authorize the Knesset Finance Committee to exercise broad discretion in recognizing NPOs and in fact the Committee’s...more

Faegre Drinker Biddle & Reath LLP

Shareholder Proposals Requesting Conversion to Public Benefit Corporations: A Fleeting Trend or the Future?

In the past year, at least 16 public companies1 received shareholder proposals requesting they convert to benefit corporations. Benefit corporations (known in Delaware as public benefit corporations or “PBCs”) are for-profit...more

Blake, Cassels & Graydon LLP

Bill 797: Are Benefit Corporations Coming Soon to Quebec?

On May 26, 2021, Bill 797, An Act to amend the Business Corporations Act to include benefit corporations (Bill 797), was tabled before Quebec’s National Assembly by opposition member Carlos J. Leitão. If adopted, Bill...more

Mintz - Energy & Sustainability Viewpoints

Public Benefit Corporations and the SPAC Surge

In Mintz’s recent article—“Public Benefit Corporations are Going Public,”—we predicted that, as Special Purpose Acquisition Companies (“SPACs”) reemerge as an alternative to initial public offerings (“IPOs”), Public Benefit...more

ArentFox Schiff

AgTech Turns to Public Benefit Corporations To Pursue Environmental, Social, and Corporate Governance (ESG) Goals

ArentFox Schiff on

AgTech companies face an exciting opportunity to play a large role in achieving sustainability and promoting ESG. - On March 4, 2021, the US Securities and Exchange Commission announced the creation of a Climate and ESG...more

International Lawyers Network

Establishing A Business Entity In Israel (Updated)

While there are a few different forms of “corporate” entities in Israel, this guide will focus on companies and partnerships as these are the entities that the non-Israeli businessman is most likely to set up or invest in if...more

Cooley LLP

Blog: In a first, a traditional corporation converts to a PBC—will it spark a trend?

Cooley LLP on

For several years, we’ve witnessed a fierce debate regarding the extent to which, in making decisions, boards of traditional corporations may take into account constituencies or stakeholders other than shareholders, such as...more

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