Assessing the Accountability of the Benefit Corporation: Will This New Gray Sector Organization Enhance Corporate Social Responsibility?
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Abstract
In recent years the benefit corporation has emerged as a new organizational form dedicated to legitimizing the pursuit of corporate social responsibility (CSR). Eschewing traditional governmental authority, the benefit corporation derives its moral legitimacy from the values of its owners and the oversight of a third party evaluator. This research identifies the benefit corporation as a new type of gray sector organization (GSO) and applies extant theory on GSOs to analyze its design. In particular, it shows how the theory of GSO accountability can be used to assess the potential of benefit corporations for enhancing CSR. This research first examines the statutes that have established benefit corporations in five states in the US, along with bills in other states, to show how legislation defines their specific public benefits and holds them accountable for delivering these benefits. It then compares the accountability of the benefit corporation with that of other corporate-centric GSOs, e.g., GSOs that closely resemble traditional corporations. It concludes with significant design-based concerns about the utility of the benefit corporation as an effective organization for implementing CSR.
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Within this Article
- Introduction
- The Benefit Corporation as a Gray Sector Organization (GSO)
- The Mission of the Benefit Corporation
- Three Overarching Dimensions of Benefit Corporation Governance and Power
- How Benefit Corporations are Held Accountable
- The Benefit Corporation’s Multiple Missions
- Environmental Constraints on Benefit Corporations: The Citizenry, Legislature, Government Regulator, Competitors, Shareholders, Third Party Evaluator, and Customers
- The Employees and Corporate Board as Constraints
- Type of Work as a Constraint on Benefit Corporations
- Organizational Design Variables in Benefit Corporations
- The Benefit Corporation and Outcome Accountability
- Accountability Through the Benefit Corporation’s Information Feedback to Stakeholders
- Comparing the Accountability Designs of Benefit Corporations and the UK’s Public Interest Corporations
- Comparing the Accountability of Benefit Corporations and NSMDs
- Research Implications
- Conclusion
- References
- References
