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I worked on getting the first Benefit Corporation legislation passed in the United States. Specifically, Maryland was the first state to pass this type of corporation and a company I co-founded was the first company to change from a Delaware C Corp status to a Benefit Corporation. You can check my affiliation out here: http://brandoncwhite.com/blog/a-new-type-of-company-a-benefi...

There are still a lot of questions and issues around this type of corporation as has been pointed out. There certainly is a void that will ultimately get filled through case law at some point in the future. Having said that, I think it's a step in the right direction for companies that want to add some level of protection around their "Triple Bottom Line" philosophy. Ben and Jerry said that has this sort of corporation existed they would not have sold Ben and Jerry's. But, it does not mean that it's a fit for all companies. The start-up that I am working on now is not a benefit corporation and we probably will not become one. Not because we do not want to take into account the aspects of a triple bottom line, but rather because at this point it's not something at the core of what we are doing.

Overall, I think it's at least a good option for those that would like to focus on a triple bottom line. How exactly the law is interpreted will be interesting to see how it plays out.



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