Becoming a B: An Examination of the Delaware Benefit Corporation Legislation

Becoming a B: An Examination of the Delaware Benefit Corporation Legislation This article is a discussion of the law of fiduciary duties for Delaware corporations, so that readers may better understand the risks associated with proceeding under a traditional corporate form without the assistance of an attorney in structuring provisions … Read More

An Analysis of the B Corporation Legal Requirements

An Analysis of the B Corporation Legal Requirements One of the most common questions I get – “what is the difference between a B Corporation and a benefit corporation?” – is sometimes followed-up by the equally-important but less-frequently-asked question, “how do they relate to one another?”  To address this nuanced … Read More

The Benefit Corporation: An Economic Analysis with Recommendations to Courts, Boards, and Legislatures

“The Benefit Corporation: An Economic Analysis” was authored by B Revolution Founder Dirk Sampselle and Affiliate Attorney Kyle Westaway and was published in Emory Law Journal, a leading journal for legal scholarship.  The article analyzes the benefit corporation legislation and provides recommendations to state legislatures, boards of directors, and courts of … Read More

Choice of Entity for Social Entrepreneurs

This article is designed to serve as a legal handbook for social entrepreneurs who are trying to determine the optimal legal entity for their business model.  It analyzes Tax-Exempt Entities, Flexible Purpose Corporations, Benefit Corporations, LLCs, and L3Cs along the perspectives of capitalization, impact accountability, flexibility, enforcement, governance, and other … Read More

The Benefit Corporation: An Economic Analysis

By Dirk Sampselle and Kyle Westaway In July, 2013, an article authored by B Revolution Founder Dirk Sampselle and Affiliate Attorney Kyle Westaway was published in Emory Law Journal, a leading journal for legal scholarship.  The article analyzes the benefit corporation legislation and provides recommendations to state legislatures, boards of … Read More

Assessing Impact: A Guide to Third Party Standards for Benefit Corporations

“…in many ways the third-party standard is the heart of benefit corporation legislation, and for many observers, the most contentious and misunderstood provision”—Clark and Babson “How Benefit Corporations are Redefining the Purpose of Business Corporations”[1] Introduction: Benefit Corporation legislation carves out unique legal protection for enterprises that are concerned not … Read More

What is the Difference between a B Corporation and a Benefit Corporation?

What is the difference between a B Corporation and a Benefit Corporation? While commonly used interchangeably, B Corporation is not just an abbreviation for benefit corporation.  They are in fact two separate but related things. The “B Corporation” label is a certification for businesses that use the power of business … Read More

Effective Social Enterprise

Effective Social Enterprise: A Menu of Legal Structures The new client, comfortably seated at the conference room table, asks: ‘‘What is the definitive legal form for a new social enterprise — a nonprofit corporation that is tax exempt as an organization described in IRC section 501(c)(3);1 a nonprofit corporation that … Read More