Delawarees Public Benefit Corporations: Comparative Analysis and Fiduciary Duties

2013 ◽  
Author(s):  
Courtney Emerson
2017 ◽  
Vol 51 (01) ◽  
pp. 54-60 ◽  
Author(s):  
Shannon K. Vaughan ◽  
Shelly Arsneault

2021 ◽  
pp. medethics-2020-106837
Author(s):  
Raj Mohindra

Public benefit corporations are National Health Service, that is, state, entities whose function to provide healthcare in discharge of public duties. If we regard value as the output of such organisations, it seems logical to connect the values of the organisation to the value produced by such organisations. But, on closer examination there are competing underlying logics in play: (1) those based on promoting organisational efficiency and efficacy; and (2) those based on the idea of building service provision around the clinician–patient relationship. Underlying these logics are differing value sets. These clash. Because of the clashing of underlying moral frameworks the connection between values and value becomes hard, if not impossible. This paper argues that (1) the clash in these moral frameworks must be addressed by the organisation rather than between individuals or groups of individuals within the organisation; (2) alloying duties within hybrid professionals submerges but does not resolve these conflicts; (3) one approach could be to impose on the organisation itself an ethical imperative to promote, enhance and protect from deterioration the welfare of the patients; (4) a board ethics committee is a possible organisational structure that could transparently and fairly balance clashes within the competing moral frameworks in a way that could reconcile the competing logics and (5) if such conflicts can be better resolved at the organisational level what the organisation must do to achieve its objectives will become clearer because what needs to be valued would naturally emerge connecting values, value and what is valued.


2020 ◽  
Vol 9 (4) ◽  
pp. 59-68
Author(s):  
Hugh Grove ◽  
Mac Clouse ◽  
Tracy Xu

Stakeholder capitalism is the notion that a company focuses on meeting the needs of all of its stakeholders: customers, employees, partners, the community, and society as a whole. In August 2019, 183 of the 206 Business Roundtable (BR) companies signed the BR Statement of the Purpose of a Corporation advocating stakeholder capitalism beyond the traditional shareholder capitalism. The major research question of this paper is whether companies who have committed to stakeholder capitalism are fulfilling their commitments and to provide some recommendations to their boards. We closely study the scrutiny from institutional investors and stakeholder capitalism report developed by KKS Advisors and TCP (2020). The findings show that the BR company signatories have failed to deliver fundamental shifts in corporate purpose to stakeholder capitalism (Bebchuk & Tallarita, 2020; Goodman, 2020). However, non-BR companies, primarily public benefit corporations (PBCs) and B corporations, have implemented stakeholder capitalism strategies and offer innovative stakeholder opportunities for corporate governance. The boards of BR companies should advocate for a more affirmative duty to stakeholders and consider converting corporate structures to develop stakeholder capitalism. Future research should continue to investigate this corporate governance opportunity.


2021 ◽  
Vol 27 (3) ◽  
Author(s):  
محمد يحيى عايش عبيد ◽  
أ.د. عبدالله سعيد حزام محمد ◽  
د. فهيم سلطان محمد الحاج

The study aimed to identify the impact of implementing fair value accounting for evaluating the economic value of establishments’ fixed capital at public benefit corporations that represent the population of the study. The population was 11 benefit corporations operating in Yemen and included telecommunications, gas and transportation sectors. To achieve the study objective, the structural equation modeling (PLS-SEM) was adopted and the questionnaire was used for data collection. The questionnaire was distributed to a sample of (369) participants. Only (278) questionnaires were valid for analysis and Smartpls3 v 3.3.3 was used to analyze the data. The study findings revealed that the implementation of fair value accounting had impact on the evaluation of the economic value of the fixed capital of establishments at the public benefit corporations. The study recommended that benefit corporations should pay more attention to fair value accounting in all its dimensions because of its strong and effective role in evaluating economic value of establishments’ fixed capital.


Author(s):  
Nicole Bolleyer

State regulation of civil society organizations such as interest groups, parties, and public benefit organizations is expanding yet widely contested, often portrayed as illegitimate intrusion. Despite ongoing debates about the nature of state–voluntary relations in various social science disciplines, we know surprisingly little about why long-lived democracies adopt more or less constraining legal approaches in this sphere. Drawing on insights from political science, sociology, and comparative law as well as public administration research, this book addresses this important question, conceptually, theoretically, and empirically. It addresses the conceptual and methodological challenges related to developing systematic, comparative insights into the nature of complex legal environments affecting voluntary membership organizations, by simultaneously covering a wide range of democracies and the regulation applicable to different types of voluntary organizations. Proposing the analytical tools to tackle those challenges, it studies in depth the intertwined and overlapping legal environments of political parties, interest groups, and public benefit organizations across nineteen long-lived democracies. After presenting an innovative interdisciplinary theoretical framework theorizing democratic states’ legal disposition or disinclination to regulate voluntary membership organizations in a constraining or permissive fashion, this framework is empirically tested. Applying Qualitative Comparative Analysis (QCA), the comparative analysis identifies three main ‘paths’ accounting for the relative constraints in the legal environments democracies have created for organized civil society, defined by different configurations of political systems’ democratic history, their legal family, and voluntary sector traditions. Providing the foundation for a mixed-methods design, three ideal-typical representatives of each path—Sweden, the UK, and France—are selected for the in-depth study of these legal environments’ long-term evolution, to capture reform dynamics and their drivers that have shaped group and party regulation over many decades.


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