Social Enterprise Law: Trust, Public Benefit, and Capital MarketsSocial enterprises represent a new kind of venture, dedicated to pursuing profits for owners and benefits for society. Social Enterprise Law provides tools that will allow them to raise the capital they need to flourish. Social Enterprise Law weaves innovation in contract and corporate governance into powerful protections against insiders sacrificing goals such as environmental sustainability in the pursuit of short-term profits. Creating a stable balance between financial returns and public benefits will allow social entrepreneurs to team up with impact investors that share their vision of a double bottom line. Brakman Reiser and Dean show how novel legal technologies can allow social enterprises to access capital markets, including unconventional sources such as crowdfunding. With its straightforward insights into complex areas of the law, the book shows how a social mission can even be shielded from the turbulence of an acquisition or bankruptcy. It also shows why, as the metrics available to measure the impact of social missions on individuals and communities become more sophisticated, such legal innovations will continue to become more robust. By providing a comprehensive survey of the U.S. laws and a bold vision for how legal institutions across the globe could be reformed, this book offers new insights and approaches to help social enterprises raise the capital they need to flourish. It offers a rich guide for students, entrepreneurs, investors, and practitioners. |
Contents
Introduction | 1 |
1 The Social Enterprise Trust Deficit | 9 |
2 Prioritizing Mission with a MissionProtected Hybrid | 25 |
3 Evaluating the Current Menu of Legal Forms for Social Enterprise | 52 |
4 From Form to Finance | 77 |
5 The Holy Grail of Retail Investment | 95 |
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accredited investors adopting entities assets bankruptcy Ben & Jerry’s Benefit Corporation Legislation benefit corporation statutes brand buyers capital certification chapter charities commitment Corp corporate law courts create creditors crowdfunding Delaware developed directors disclosure double bottom line dual enforcement entrepreneurs and investors equity evaluative metrics exit expenditures fiduciaries financial return firms FLY paper founders funds governance hybrid financial instrument hybrid forms impact investors income interest investment investors and entrepreneurs issuers Jerry’s last visited July legal form limited limited liability company ment mission and profit MPH legislation nonprofit offer owners potential prioritization mandate prioritize social Prioritizing Mission public benefit corporation purchase regime regulators reporting requirements retail investors role securities sell sellers shareholders shares small businesses social enter Social Enterprise Law social entrepreneurs social mission standard supra note takeover tion trust Unilever venture venture’s visited July 13 visited June 24


