2019 Indiana Code
Title 23. Business and Other Associations
Article 1.3. Benefit Corporations
Chapter 10. Annual Benefit Report
23-1.3-10-1. Content
Sec. 1. A benefit corporation shall prepare an annual benefit report that includes all the following:
(1) A narrative description of:
(A) the ways in which the benefit corporation pursued general public benefit during the year and the extent to which general public benefit was created;
(B) both the:
(i) ways in which the benefit corporation pursued a specific public benefit that the articles of incorporation state is the purpose of the benefit corporation to create; and
(ii) extent to which that specific public benefit was created;
(C) any circumstances that have hindered the creation by the benefit corporation of general public benefit or a specific public benefit; and
(D) the process and rationale for selecting or changing the third party standard used to prepare the benefit report.
(2) An assessment of the overall social and environmental performance of the benefit corporation against a third party standard:
(A) applied consistently with any application of that standard in prior benefit reports; or
(B) accompanied by an explanation of the reasons for:
(i) any inconsistent application; or
(ii) the change to that standard from the standard used in the immediate prior report.
(3) The name of the benefit director and the benefit officer, if any, and the address to which correspondence to each of them may be directed.
(4) The compensation paid by the benefit corporation during the year to each director in the capacity of a director.
(5) The report of the benefit director described in IC 23-1.3-6-3.
(6) A statement regarding any connection between the organization that established the third party standard, or its directors, officers, or any holder of at least five percent (5%) of the governance interests in the organization, and the benefit corporation or its directors, officers, or any holder of at least five percent (5%) of the outstanding shares of the benefit corporation, including any financial or governance relationship that might materially affect the credibility of the use of the third party standard.
As added by P.L.93-2015, SEC.3.
