293-C:1 Short Title, Application, and Effect of Chapter. – I. This chapter shall be known and may be cited as the "New Hampshire Benefit Corporation Act." II. This chapter shall be applicable to all benefit corporations. III. The existence of a provision of this chapter shall not itself create an implication that a contrary […]
293-C:10 Designation of Benefit Officer. – I. A benefit corporation may have an officer designated the benefit officer. II. A benefit officer shall have: (a) The powers and duties relating to the purpose of the corporation to create general public benefit or specific public benefit provided: (1) By the bylaws; or (2) Absent controlling […]
293-C:11 Right of Action. – I. Except in a benefit enforcement proceeding, no person shall bring an action or assert a claim against a benefit corporation or its directors or officers with respect to: (a) Failure to pursue or create general public benefit or a specific public benefit set forth in its articles of […]
293-C:12 Preparation of Annual Benefit Report. – I. A benefit corporation shall prepare an annual benefit report including all of the following: (a) A narrative description of: (1) The ways in which the benefit corporation pursued general public benefit during the year and the extent to which general public benefit was created. (2) Both: […]
293-C:13 Availability of Annual Benefit Report. – I. A benefit corporation shall send its annual benefit report to each shareholder on the earlier of: (a) 120 days following the end of the fiscal year of the benefit corporation; or (b) The same time that the benefit corporation delivers any other annual report to its […]
293-C:2 Definitions. – In this chapter: I. " Benefit corporation " means a business corporation: (a) That has elected to become subject to this chapter; and (b) The status of which as a benefit corporation has not been terminated. II. " Benefit director " means either: (a) The director designated as the benefit director […]
293-C:3 Incorporation of Benefit Corporation. – A benefit corporation shall be incorporated in accordance with RSA 293-A:2.01 through RSA 293-A:2.07, but its articles of incorporation shall also state that it is a benefit corporation. Source. 2014, 216:1, eff. Jan. 1, 2015.
293-C:4 Election of Benefit Corporation Status. – I. An existing business corporation may become a benefit corporation under this chapter by amending its articles of incorporation so that they contain, in addition to the requirements of RSA 293-A:2.02, a statement that the corporation is a benefit corporation. In order to be effective, the amendment […]
293-C:5 Termination of Benefit Corporation Status. – I. A benefit corporation may terminate its status as such and cease to be subject to this chapter by amending its articles of incorporation to delete the provision required by RSA 293-C:3 or RSA 293-C:4, I to be stated in the articles of a benefit corporation. In […]
293-C:6 Corporate Purposes. – I. A benefit corporation shall have a purpose of creating general public benefit. This purpose is in addition to its purpose under RSA 293-A:7. II. The articles of incorporation of a benefit corporation may identify one or more specific public benefits that it is the purpose of the benefit corporation […]
293-C:7 Standard of Conduct for Directors. – I. In discharging the duties of their respective positions and in considering the best interests of the benefit corporation, the board of directors, committees of the board, and individual directors of a benefit corporation: (a) Shall consider the effects of any action or inaction upon: (1) The […]
293-C:8 Benefit Director. – I. The board of directors of a benefit corporation that is a publicly traded corporation shall, and the board of any other benefit corporation may, include a director, who: (a) Shall be designated the benefit director; and (b) Shall have, in addition to the powers, duties, rights, and immunities of […]
293-C:9 Standard of Conduct for Officers. – I. Each officer of a benefit corporation shall consider the interests and factors described in RSA 293-C:7 in the manner provided in that section if: (a) The officer has discretion to act with respect to a matter; and (b) It reasonably appears to the officer that the […]
