Criteria for Acceptable Third Party Standards

According to the Model Legislation, a third party standard must be comprehensive, independent, credible, and transparent as defined below: 

1) The standard is comprehensive in that it assesses the effect of the business and its operations upon

    a. The employees and workforce of the benefit corporation, its subsidiaries, and supppliers;

    b. The interests of customers to the extent they are beneficiaries of the general or specific benefit purposes of the benefit corporation; 

   c. The local community and society, including the interest of each community in which offices or faciliites of the benefit coporation, its subsidiaries, or suppliers are located; 

   d. The local and global environment.

2) The standard is developed by an entity that is independent of the benefit corporation and satisfies the following:

   a. Not more than 1/3 of the members of the governing body of the entity are representatives of any of the following:

  1. An association of businesses operating in a specific industry the performance of whose members is assessed against the standard; 
  2. Businesses from a specific industry or an association of businesses in that industry:
  3. Business whose performance is assessed against the standard.

   b. The organization is not materially financed by an association or business defined [above]

3) The standard is credible in that it has been developed by a person that both:

  1. Has access to necessary expertise to assess overall corporate social and environmental performance;
  2. Uses a balanced multistakeholder approach including a public comment period of at least 30 days to develop the standard.

4) The standard is transparent in that the following information is made publicly available:

    a.  About the standard:

       i.  The criteria considered when measuring the overall social and environmental performance of a business;

      ii.   The relative weightings of those criteria.

     b.  About the development and revision of the standard:

       i.  The identity of the directors, officers, material owners and the governing body of the organization that developed and controls revisions to the standard;

      ii.  The process by which revisions to the standard and changes to the membership of the governing body are made;

      iii.  An accounting of the sources of financial support for the organization, with sufficient detail to disclose any relationships that could reasonably be considered to present a potential conflict of interest.

 

This site is run as a public service by B Lab, a nonprofit whose mission is to use the power of business to solve social and environmental problems. 
For information on B Lab's other initiatives, please visit www.bcorporation.net.

Legal Disclaimer: The information on this site does not constitute legal advice and is provided solely as a reference.  Those interested in electing benefit corporation status should discuss with their legal advisors the potential risks and liabilities and specific processes associated with this for the company's circumstances and state of incorporation.