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NY A11498

Bill

Status

Introduced

6/17/2010

Primary Sponsor

James Brennan

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Origin

Assembly

2009-2010 General Assembly

AI Summary

  • Authorizes the formation of "benefit corporations" in New York as a new type of business corporation that must pursue a "general public benefit" and may pursue additional specific public benefits as defined in their certificate of incorporation.

  • Allows existing business corporations to elect benefit corporation status or terminate such status, with both actions requiring a three-quarters supermajority vote (minimum status vote) from shareholders of each class or series.

  • Requires benefit corporation directors to consider effects of their actions on the corporation's public benefit purpose, shareholders, employees, suppliers, customers, communities, and environment when discharging their duties.

  • Mandates annual benefit reports delivered to shareholders within 120 days of fiscal year-end, including narrative descriptions of public benefits pursued, third-party performance assessments, director compensation, and major shareholders' identities.

  • Requires benefit corporations to post their most recent benefit report on their website (with compensation and proprietary information exempt) and file copies with the Department; corporations forfeiting this status by not filing for two years may have status automatically reinstated upon filing.

Legislative Description

Authorizes the incorporation of benefit corporations and provides for the public benefit to be created by benefit corporations, for the election and termination of the status of a benefit corporation, for the standards of conduct for directors and officers of a benefit corporation, and for the preparation and distribution of an annual benefit report by a benefit corporation.

Last Action

reported referred to rules

6/30/2010

Committee Referrals

Rules6/30/2010
Codes6/29/2010
Corporations, Authorities and Commissions6/17/2010

Full Bill Text

No bill text available