Introduction

2017 ◽  
Author(s):  
Dana Brakman Reiser ◽  
Steven A. Dean
Keyword(s):  
Corporate Governance ◽  
Social Enterprise ◽  
Contract Law ◽  
Social Enterprises ◽  
Social Mission ◽  
For Profit ◽  
History Of ◽  
The Law

This introduction provides an overview of the challenges social enterprises face in raising capital and briefly describes the authors’ array of potential solutions, grounded in finance, corporate governance and contract law. It argues that to distinguish themselves from conventional for-profit ventures, social enterprises must broadcast their commitment to pursuing a social mission as well as profits. The chapter then explains that, although the law has evolved to accept the existence of social enterprises, it does not offer them a means to prove that they are what they claim to be. The introduction briefly articulates how social enterprise law could make the leap from permissive to protective—the topic the rest of the book will explore comprehensively. It concludes with a roadmap of the remaining chapters, which trace the history of social enterprise law and chart its possible future.

scholarly journals Of Bodies Politic and Pecuniary: A Brief History of Corporate Purpose

2020 ◽  
pp. 1
Author(s):  
David Guenther
Keyword(s):  
Nineteenth Century ◽  
Social Enterprise ◽  
The United States ◽  
Social Enterprises ◽  
American Business ◽  
Business Corporation ◽  
For Profit ◽  
Early American ◽  
Bright Line ◽  
History Of

American corporate law has long drawn a bright line between for-profit and non-profit corporations. In recent years, hybrid or social enterprises have increasingly put this bright-line distinction to the test. This Article asks what we can learn about the purpose of the American business corporation by examining its history and development in the United States in its formative period from roughly 1780-1860. This brief history of corporate purpose suggests that the duty to maximize profits in the for-profit corporation is a relatively recent development. Historically, the American business corporation grew out of an earlier form of corporation that was neither for-profit nor nonprofit in today’s parlance but rather, served a multitude of municipal, religious, charitable, educational, and eventually business purposes in early nineteenth-century New England. The purposes of early American business corporations—rather than maximization of profit to private shareholders— were often overtly public, involving development of local transportation, finance, and other much-needed economic infrastructure. With the rise of factory-based manufacturing, railroads, and other capital-intensive industries in the middle decades of the nineteenth century and the advent of general incorporation statutes, the purpose of the American business corporation shifted fundamentally from public to private. By 1860, the stage was set for the modern firm. This Article concludes that the corporation has no intrinsic purpose. The corporation’s defining features are separate legal personality and the ability to aggregate capital toward any otherwise lawful end, whether for-profit or nonprofit. Social enterprises today more closely resemble the early American business corporation than the profit-maximizing modern firm. Social enterprise should be seen less as a legally uncertain novelty than a return to the business corporation’s nineteenth-century American roots. Finally, this Article suggests potential limitations for social enterprise.

Social Enterprise Law

2017 ◽  
Author(s):  
Dana Brakman Reiser ◽  
Steven A. Dean
Keyword(s):  
Social Enterprise ◽  
Social Enterprises ◽  
Social Entrepreneurs ◽  
Bottom Line ◽  
Social Mission ◽  
For Profit ◽  
Benefit Corporation ◽  
Benefit Corporations ◽  
Contingent Convertible Debt ◽  
Legislative Changes

Social Enterprise Law presents a series of audacious legal technologies designed to unleash the potential of social enterprise. Until now, the law has been viewed as an obstacle to social entrepreneurship, too inflexible to embrace for-profit businesses with a social mission at their core. Legislators have poured resources into creating hybrid corporate forms such as the benefit corporation to eliminate barriers to the creation of social enterprises. That first generation of social enterprise law has not done enough. The authors provide a framework for future legislation to do what benefit corporations have not: create durable commitments by social entrepreneurs and investors to balance financial gains and social mission by putting a speed limit on profits. They show how sophisticated investors need not wait for the advent of these legislative changes, outlining a contingent convertible debt instrument that relies instead on financial engineering to build trust between those with capital and those ready to use it to nurture a double bottom line. To allow social enterprises to harness the vast power of the crowd, they develop a tax regime that would provide crowdfunding platforms the means to screen the commitment of for-profit startups. Armed with these tools of social enterprise law 2.0 and the burgeoning metrics of measuring public benefit, entrepreneurs and investors can navigate even the turbulent waters of exit without sacrificing mission, so that a sale need not mean selling out.

Social Enterprise Exits

2017 ◽  
Author(s):  
Dana Brakman Reiser ◽  
Steven A. Dean
Keyword(s):  
Corporate Governance ◽  
Small Business ◽  
Mergers And Acquisitions ◽  
Venture Capital ◽  
Social Enterprise ◽  
Social Enterprises ◽  
Social Entrepreneurs ◽  
Social Mission ◽  
Small Business Finance ◽  
Public Company

This chapter explores how social enterprise law can shape social enterprise exits, whether by sale, dissolution, or bankruptcy. It explains that the threat of exit looms large over social enterprises, their founders, and their investors. It then draws on lessons from unlikely sources—venture capital, public company mergers and acquisitions, and small business finance—to design contract terms and corporate governance provisions that can prevent exit from threatening a venture’s social mission. The chapter argues that even in the context of exit by dissolution, contract, and governance can be deployed to preserve a firm’s chosen balance of finance and social mission. It cautions social entrepreneurs and investors, however, that the utility of these tools wanes if a venture becomes insolvent. Whether in a formal bankruptcy proceeding or a more informal dissolution, if assets are insufficient to meet a social enterprise’s financial obligations, creditors’ interests become paramount.

scholarly journals Impact Investing Strategy: Managing Conflicts between Impact Investor and Investee Social Enterprise

2019 ◽  
Vol 11 (15) ◽  
pp. 4117 ◽  
Author(s):  
Agrawal ◽  
Hockerts
Keyword(s):  
Social Enterprise ◽  
Social Impact ◽  
Economic Value ◽  
Social Enterprises ◽  
Impact Measurement ◽  
Impact Investing ◽  
Industry Specialization ◽  
Social Mission ◽  
For Profit ◽  
The Impact

Impact investing pursues the dual goals of creating socio-economic value for the marginalized, and ensuring net positive financial returns. Impact investing firms achieve their goals through their investments in projects and enterprises which create both social and commercial values. The primary aim of this article is to contribute to our understanding of the process of impact investing, particularly with respect to issues related to aligning impact investing and investee social enterprise goals. The research method employs case-based research methodology. The data consist of six cases of impact investing and their investee social enterprises. In addition, the data involve interviews with experts from the field of impact investing. The findings are that: (1) Social mission plays an important moderating role in the inter-organizational relationship between the impact investor and the investee social enterprise, (2) and an emphasis on due diligence, sector specialization, and communication increases the likelihood of investment while (3) social impact measurement and reporting and frequent engagement increase the likelihood of post-investment alignment. The key contribution of this article is that impact investing (unlike venture capital) is influenced by the ability of its investee to create social value, which plays an important role in the inter-organizational relationship between investor and investee. Furthermore, similar to industry specialization in the for-profit investing, social sector specialization is equally relevant for alignment and returns.

Using a Social Enterprise Service-Learning Strategy in an Introductory Management Accounting Course

2011 ◽  
Vol 27 (1) ◽  
pp. 187-226 ◽  
Author(s):  
Valentina L. Zamora
Keyword(s):  
Service Learning ◽  
Social Enterprise ◽  
Learning Strategy ◽  
Management Accounting ◽  
Core Competencies ◽  
Social Enterprises ◽  
Problem Solving Skills ◽  
Social Mission ◽  
For Profit ◽  
The Social

ABSTRACT The accounting profession has long called for learning strategies that actively develop students' critical analysis and problem-solving skills in unstructured settings (Accounting Education Change Commission [AECC] 1990), and where learning outcomes map into American Institute of Certified Public Accountants (AICPA) (2000) core competencies. This paper proposes the use of a service-learning strategy in the introductory management accounting course. This learning strategy reflects the Institute of Management Accountants' (IMA) new definition of management accounting as a strategic imperative (IMA 2008), and responds to Rama's (1998) monograph revealing limited examples of service-learning in management accounting. In addition, this paper proposes that faculty work with real social enterprises that sell goods and services for profit and in support of a broader social mission. I argue that relative to working on nonprofit/government cases, working in the social enterprise setting may offer students a more tractable transition from the for-profit examples in many textbooks. I also argue that relative to working on for-profit cases, working in the social enterprise setting may provide students access to proprietary data used internally for managerial decision-making. The pedagogy of service-learning in the accounting curriculum and its relevance to that proposed in this paper is discussed. Generalized service-learning planning documents, examples, adaptations of case study questions, and a responsibility checklist are provided. Implementation guidelines that address key stakeholder barriers to success (Kenworthy-U'Ren 2008) are discussed, and examples of social enterprise service-learning implementations are presented. Post-implementation survey responses from students suggest that the social enterprise service-learning experience positively affected their learning of specific management accounting concepts, issues faced by mission-driven organizations, and how they can uniquely contribute by applying what they learn.

GoBhaarati- contributing to the “Journey of Healthy Living”

2021 ◽  
Vol 11 (1) ◽  
pp. 1-19
Author(s):  
Vinit Vijay Dani ◽  
Meeta Dasgupta
Keyword(s):  
Learning Outcomes ◽  
Social Enterprise ◽  
Intrinsic Value ◽  
Distribution Channel ◽  
Social Enterprises ◽  
Health And Wellness ◽  
Content Type ◽  
For Profit ◽  
Academic Level ◽  
Start Up

Learning outcomes The learning outcomes of this paper is as follows: to showcase how a futuristic mission and planned branding initiatives can help start-up social enterprise to create a successful brand; to explain how a comprehensive understanding of the target group and innovative products/services and channel strategies help GoBhaarati position itself as an upcoming not for profit social enterprise; to argue how proper brand mission and branding can help even a small startup to create a brand identity in a fiercely competitive fragmented market dominated by big players; the constraints GoBhaarati faced in constituting and aligning distribution channel. These impulsions can have legal, environmental and or managerial foundations. Case overview/synopsis GoBhaarati Agro Industries and Private Limited (GoBhaarati) operated as a nonprofit social enterprise in the Health and Wellness Industry, providing natural indigenous traditional Indian products such as millets, honey, turmeric, jaggery, rock salt and serving millet-based snacks to consumers. At the epicenter of Gobhaarati's branding strategy was its health and wellness positioning. The company's mission was to increase the positive perception of millets and to convince consumers that there was intrinsic value in a product's origin and production processes. Iriventi aimed to achieve a turnover of at least ten crores by 2025, but the company's sales and financial resources were limited. With this clouding in mind, Iriventi could not decide whether to let GoBhaarati stay niche in business or to expand it organically. Complexity academic level Graduate and executive management education students can use the case. The case may also be used to focus on entrepreneurship and distribution management for start-up social enterprises. Supplementary materials Teaching Notes are available for educators only. Subject code CSS 8: Marketing.

Social entrepreneurship: creating social value when bridging holes

2018 ◽  
Vol 14 (4) ◽  
pp. 410-428 ◽  
Author(s):  
Suvi Kokko
Keyword(s):  
Value Creation ◽  
Social Enterprise ◽  
Institutional Logics ◽  
Social Enterprises ◽  
Social Value ◽  
Content Type ◽  
For Profit ◽  
Social Value Creation ◽  
Key Factor ◽  
Shared Goal

Purpose This paper aims to understand how social value is created in a context characterized by institutional complexity. By identifying stakeholders interacting in a social enterprise and the logics guiding their expected and experienced value, the study describes how social value is created when different institutional logics embedded in strong-tie networks are bridged. Design/methodology/approach Concepts of structural holes and institutional logics were applied to the empirical case of a social enterprise. Interviews provided the primary empirical material, but multiple data collection methods were used. Findings A shared goal facilitated co-existence of competing value logics, and provided common space forming multiple social value outcomes as products of the different logics. Research limitations/implications Limited to one case, this study shows that the interaction of otherwise unconnected stakeholders in a social enterprise, and their embeddedness in different institutional logics, provides one explanation for why and how social value is created. Practical implications Acknowledging and addressing gaps in knowledge and resources can lead to social value creation if social enterprises remain open to different logics. This suggests that co-existence of different logics can be a key factor for successful social value creation in social enterprises, if the competing logics are turned into complementary sources. Originality/value Dependency on logics from different networks of stakeholders shapes social enterprises to produce outcomes consistent with the different logics. The multiplicity of social value outcomes poses challenges for evaluating the success of social enterprises, especially when the tendency is to use evaluation approaches from the for-profit sector, focusing on the economic logic.

Passionate Leaders in Social Entrepreneurship: Exploring an African Context

2015 ◽  
Vol 57 (3) ◽  
pp. 481-524 ◽  
Author(s):  
Sara Thorgren ◽  
Adesuwa Omorede
Keyword(s):  
Social Enterprise ◽  
Social Needs ◽  
Social Enterprises ◽  
Sub Saharan Africa ◽  
Hiv Care ◽  
Social Mission ◽  
The Social ◽  
Sub Saharan ◽  
Private Entrepreneurs ◽  
Enterprise Leader

Nonstate actors such as social enterprises are increasingly influential for addressing pressing social needs in sub-Saharan Africa. Moving responsibility from the state to private entrepreneurs calls for a greater understanding of how single individuals achieve their social mission in a context characterized by acute poverty and where informal institutions, such as trust and collective norms, are strong governance mechanisms. This study recognizes the role of leader passion as a key element for gaining people’s trust in the social enterprise leader and the social mission. Qualitative data were collected on 37 leaders of Nigerian social enterprises in arenas such as health, women’s rights, children’s rights, AIDS/HIV care and education, and sustainable development. Drawing on 100 semistructured interviews, the authors develop an inductive model illustrating how leader passion interrelates with the social enterprise organizing and outcomes.

Sticking to the social mission: Microinsurance in bottom of the pyramid markets

2019 ◽  
Vol 44 (4) ◽  
pp. 209-219
Author(s):  
B Elango ◽  
Stephen Chen ◽  
Jim Jones
Keyword(s):  
Emerging Markets ◽  
Social Services ◽  
Social Enterprise ◽  
Social Enterprises ◽  
Bottom Of The Pyramid ◽  
Social Mission ◽  
The Social ◽  
Bop Markets

The purpose of this article is to understand what drives social enterprises in bottom of the pyramid (BOP) markets to stick to or drift away from their social mission. Based on an analysis of 192 microinsurance operators in 26 emerging markets, we find that (1) when donors are involved in the operations of the social enterprise, this leads to a greater commitment to the social mission and (2) social enterprises located in countries with poorly performing governments tend to have a lower commitment to their social mission. Given the need for social services in such countries, we offer some suggestions to increase the chances of social enterprises staying committed to their social mission.

Do Hybrid Firms Out-Provide Traditional Business Structures? An Examination of Prosocial Behavior in North Carolina Firms

2018 ◽  
Vol 47 (6) ◽  
pp. 1223-1248 ◽  
Author(s):  
Alexandra Graddy-Reed
Keyword(s):  
North Carolina ◽  
Prosocial Behavior ◽  
Social Enterprises ◽  
Firm Level ◽  
Profit Model ◽  
Social Mission ◽  
For Profit ◽  
Tax Benefits ◽  
Business Structures ◽  
Legal Forms

With the rise of social enterprises has come a push for formal hybrid legal forms. Hybrid structures formalize a for-profit model with a social mission but carry no tax benefits. Using the case of North Carolina, this article examines a sample of formal hybrid firms and variation in their prosocial practices compared with informal social enterprises and traditional for-profit and nonprofit entities. Using firm-level survey data, Poisson estimations reveal that formal hybrid firms are associated with additional production-related prosocial practices as compared with traditional for-profits, informal social enterprises with both for-profit and nonprofit structures, and traditional nonprofits. This study contributes to the literatures on organizational identity and prosocial behavior as well as to the field of social enterprise by offering a comparison of formal and informal hybrid identification with a relatively large sample quantitative analysis.

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