Friday, October 18, 2013

Benefit Corporations: New Indiana Law Review Article Explains and Explores the Virtues of Benefit Corporations

Recently, my article entitled "When Making Money and Making a Sustainable and Societal Difference Collide: Will Benefit Corporations Succeed or Fail?" appeared in Volume 46:3 of the Indiana Law Review.  To my knowledge, this is one of the first articles to examine the "benefit corporation" a new form of organization that is a recent legislative creation, existing in a handful of states.  I believe that benefit corporations hold a great deal of promise for socially-minded entrepreneurs.  I'm placing a link to the article on my SSRN page, and encourage you to download and review this article.  Below is a brief abstract of the article: 

  • A quiet, but important, corporate revolution is afoot in the United States. Many of us, laypersons and corporate scholars alike, have not even noticed. A new type of corporate entity has been created-the benefit corporation.
  • This article explores benefit corporations as a tool entrepreneurs can use to make money, foster environmental sustainability, and create societal improvement. Part I briefly examines who has been advocating for the creation and passage of benefit corporation legislation in the United States. Part II analyzes the statutory requirements to form a benefit corporation. Specifically, Part II discusses the issues of purpose, accountability, transparency, rights of action, and enforcement of those rights in connection with the creation and operation of a benefit corporation. Part III highlights the states that have passed benefit corporation statutes and highlights those considering similar legislation. Part IV examines the pre-existing use of benefit entities, in unincorporated form, through exploration of the benefit certification process. Finally, Part V offers a future prognosis and debates whether benefit corporations will succeed or fail.


  1. Anonymous, I appreciate your comment! I hope that you enjoy the article. I think the future of the benefit corporation is very promising from a social justice perspective.