(a) A benefit corporation shall include in every notice of a meeting of shareholders a conspicuous statement to the effect that it is a benefit corporation.(b) A benefit corporation shall, no less than annually, provide to its shareholders of record, and to any other person who may request a copy in writing, a written report addressing the benefit corporation's performance with respect to its pursuit of the public benefit or benefits specified in its articles of incorporation. The report shall include: (1) The objectives the board of directors established in connection with the pursuit of such public benefit or benefits;(2) The standard or standards the board of directors adopted to measure the benefit corporation's progress in pursuing such public benefit or benefits;(3) Factual information responsive to those standards regarding the benefit corporation's success or failure in meeting the objectives for pursuing such public benefit or benefits; and(4) An assessment of the benefit corporation's success or failure in meeting the objectives and accomplishing such public benefit or benefits.(c) In addition to complying with subsection (b) of this Code section, a benefit corporation rporation's success or failure in meeting the objectives and accomplishing such public benefit or benefits.(c) In addition to complying with subsection (b) of this Code section, a benefit corporation may include in its articles of incorporation or bylaws provisions imposing upon the benefit corporation any or all of the following additional requirements: (1) That the benefit corporation provide its report more frequently than annually;(2) That the benefit corporation make the report generally available to the public via the internet or other readily accessible means;(3) That the benefit corporation use a third-party standard in connection with measuring the benefit corporation's progress in accomplishing its stated public benefit or benefits;(4) That the benefit corporation provide with its report a periodic third-party certification with respect to the benefit corporation's progress in accomplishing its stated public benefit or benefits; or(5) That the report comply with any additional requirements as the board of directors may determine.Amended by 2022 Ga. Laws 782,§ 14, eff. 5/2/2022.Added by 2020 Ga. Laws 487,§ 1-1, eff. 1/1/2021.
Georgia Legal Code