Louisiana 2012 Regular Session

Louisiana House Bill HB1178

Introduced
4/3/12  
Refer
4/4/12  
Report Pass
4/17/12  
Engrossed
4/26/12  
Refer
4/30/12  
Report Pass
5/16/12  
Enrolled
5/23/12  
Chaptered
5/31/12  

Caption

Provides relative to benefit corporations

Impact

The enactment of HB 1178 will alter the landscape of corporate governance within Louisiana by allowing for the establishment of benefit corporations, which must prioritize public benefit alongside shareholder interests. This dual-purpose approach aims to provide greater accountability through the newly established positions of 'benefit director' and 'benefit officer,' who are tasked with ensuring compliance with the benefit goals of the corporation. Shareholders and directors will have clearer guidelines on their responsibilities, potentially influencing corporate behavior towards more sustainable and community-oriented practices.

Summary

House Bill 1178 introduces the Benefit Corporations Law, establishing a new category of corporation known as a 'benefit corporation' in Louisiana. This type of corporation is designed to create a general public benefit alongside the pursuit of profit, as outlined in its articles of incorporation. The bill details the procedures for the formation, operation, and accountability of benefit corporations, mandating that they report annually on their efforts to achieve specified public benefits. This legislative framework seeks to encourage businesses to balance profit goals with societal and environmental considerations.

Sentiment

The sentiment surrounding HB 1178 appears generally positive among proponents who argue that it empowers corporations to contribute actively to public welfare while still maintaining economic viability. Advocates believe that the law will attract socially-conscious investors and consumers, fostering a market that values ethical business practices. Opponents, however, may express concerns regarding the implementation and monitoring of these new responsibilities, fearing that the added complexity could deter businesses from adopting this model. Overall, the bill reflects a progressive shift towards integrating social entrepreneurship into corporate structures.

Contention

Discussions around HB 1178 highlight some contention regarding the potential for vague definitions of 'public benefit' and the accountability measures in place for benefits corporations. Critics argue that without stringent guidelines, companies may struggle to navigate the balance between profit and public good. Additionally, there are concerns about the burden of compliance and the possibility that smaller businesses could be disproportionately affected by the new requirements imposed by the legislation. The debate underscores tensions between fostering innovation in corporate governance and ensuring that the intentions behind the law translate into meaningful outcomes.

Companion Bills

No companion bills found.

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