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4-36-304. Benefit officer.
Arkansas Code — all titles (historical 2020) · legal_authorities
4-36-304. Benefit officer.
(a) A benefit corporation may have an officer designated as the benefit officer.
(b) A benefit officer shall have:
(1) The powers and duties relating to the purpose of the corporation to pursue a general public benefit or a specific public benefit provided:
(A) By the bylaws; or
(B) Absent controlling provisions in the bylaws, by resolutions or orders of the board of directors; and
(2) The duty to prepare the benefit report required by § 4-36-401.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 4-36-304
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:4-36-304
Source file: gov.ar.code.title.04.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 4acb115c478f696b6a2a8bb53b922ced55871535e66d9e50a3b4bbbfe00a0999
Source location: content.xml paragraph 24804
Stored source content
4-36-304. Benefit officer.
(a) A benefit corporation may have an officer designated as the benefit officer.
(b) A benefit officer shall have:
(1) The powers and duties relating to the purpose of the corporation to pursue a general public benefit or a specific public benefit provided:
(A) By the bylaws; or
(B) Absent controlling provisions in the bylaws, by resolutions or orders of the board of directors; and
(2) The duty to prepare the benefit report required by § 4-36-401.
Cross-references
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Arkansas Code — all titles (historical 2020) · legal_authorities
4-36-401. Annual reports.
(a)(1) A benefit corporation shall prepare an annual benefit report and an annual franchise tax report under § 26-54-104.
(2) An annual benefit report shall include:
(A) A narrative description of:
(i) The ways in which the benefit corporation pursued the general public benefit during the year and the extent to which the general public benefit was pursued;
(ii) Both:
(a) The ways in which the benefit corporation pursued a specific public benefit that the articles of incorporation state is the purpose of the benefit corporation to pursue; and
(b) The extent to which that specific public benefit was pursued;
(iii) Circumstances that have hindered the creation by the benefit corporation of a general public benefit or a specific public benefit; and
(iv) The process and rationale for selecting or changing the third-party standard used to prepare the benefit report;
(B)(i) An assessment of the overall social and environmental performance of the benefit corporation against a third-party standard:
(a) Applied consistently with an application of that standard in earlier benefit reports; or
(b) Accompanied by an explanation of the reasons for an inconsistent application.
(ii) The assessment does not need to be performed, audited, or certified by a third-party standards provider;
(C) The name of the benefit director and the benefit officer and the address to which correspondence to each of them may be directed;
(D) The compensation paid by the benefit corporation during the year to each director for serving in the capacity of a director;
(E) The statement of the benefit director described in § 4-36-302; and
(F) A statement of the connection between the organization that established the third-party standard or its director
Source: Arkansas Code — historical release 78 (November 6, 2020) · 4-36-401
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 4-36-401. This identifies an authority to review, not proof of applicability.