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The International Handbook of Social Enterprises Law: Benefit Corporations and Other Purpose-Driven Companies

Edited by: Henry Peter, Carlos Vargas Vasserot, Jaime Alcalde Silva

ISBN13: 9783031142185
Published: March 2023
Publisher: Springer International
Country of Publication: Switzerland
Format: Paperback
Price: £34.99



Despatched in 10 to 12 days.

This open access book brings together international experts, who shed new light on the status of social enterprises, benefit corporations and other purpose-driven companies. The respective chapters take a multidisciplinary approach (combining law, philosophy, history, sociology and economics) and provide valuable insights on fostering social entrepreneurship and advancing the common good.

In recent years, we have witnessed a major shift in the way business activities are conducted, particularly through the rise of social enterprises. In an effort to target social problems at their roots, social entrepreneurs create organizations that bring transformative social changes by taking into consideration, among others, ethical, social, and environmental factors. A variety of social enterprises models are emerging internationally and are proving their vitality and importance.

But what does the term "social enterprise" mean? What are its roots? And how does it work in practice within the legal framework of any country? This handbook attempts to answer these questions from a theoretical, historical, and comparative perspective, bringing together 44 contributions written by 71 expert researchers and practitioners in this field. The first part provides an overview of the social enterprise movement, its evolution, and the different forms that these entities can take to meet global challenges, overcoming the limits of what governments and states can do. The second part focuses on the emergence of benefit corporations and the growing importance of sustainability and societal values, while also analyzing their different legal forms and their adaptation to their regulatory environment. In turn, the last part presents the status quo of purpose-driven companies in 36 developed and emerging economies around the world.

This handbook offers food for thought and guidance for everyone interested in this field. It will benefit practitioners and decision-makers involved in social and community organizations, as well as in international development and, more generally speaking, social sciences and economics.

Subjects:
Company Law
Contents:
Foreword
Introduction
PART I: The Social Enterprise Movement
The social enterprise movement and the birth of hybrid organizational forms as policy response to the growing demand for firm altruism
Social enterprises in the European Union: gradual recognition of their importance and models of legal regulation
The Governance Patterns of Social Enterprises Two Proposals to Reconcile the US and European Approaches
Social Enterprises and Tax: Living Apart Together?
Corporate Purpose: How the Board of Directors can Achieve an Inclusive Corporate Governance Regime
Social Enterprise: Conceptual Debates and Approaches
Models and Trends of Social Enterprise Regulation in the European Union
Social enterprises in the social cooperative form
How social entrepreneurs create systemic change: A comparative analysis of for-profit and non-profit models

PART II: Benefit Corporations and B Corp Certification
Benefit Corporations: Trends and Perspectives
Behavioral Perspectives on B Corps
B Lab and the process of certificating B Corps
Introduction to the law of Benefit Corporations and other public purpose-driven companies
Benefit Corporations and the Common Law Tradition
Viability of non-recognized benefit corporations
Real-World Lessons on Stakeholder Capitalism: How B Lab & B Corp movement catalyze change in society

PART III: Purpose-Driven Companies: An International Overview
Social Enterprises and Benefit Corporations in Argentina
The Failed Attempt to Enact Benefit Company Legislation in Australia and the Rise of B Corps
Social Enterprises and Benefit Corporations in Brazil: Projects for Corporate Qualification and Capital Market Regulation
The suitability of Belgian Law to B-Corp
B Corps, Benefit Corporations and socially oriented enterprises in Canada
Purpose-driven companies and the projected legal system for benefit and collective interest companies in Chile
Social Enterprises and Benefit Corporations in China
Social Enterprises and Benefit Corporations in Colombia
Social Enterprises and B-Corps in Ecuador
The suitability of French Law to B-Corp
Social Purposes in German Corporate Law and Benefit Corporations in Germany
Social Enterprises and Certified B Corporations in Hong Kong: Development, Key Lessons Learnt and Ways Forward
B-Corps in India: A Sustainable Business Model
Social Enterprises and Benefit Corporations in Italy
Corporations with Social Aims in the Japanese Legal System
The suitability of Luxembourgish Law to B-Corp
Certified B Corps in Mexico
Benefit Corporations in the Peruvian legal ecosystem
Social Enterprises and Benefit Corporations in Portugal
Finding space for the B-Corporation within the South African legal landscape
Social Enterprises and Benefit Corporations in South-Korea
Social Enterprises and Benefit Corporations in Spain
Social Enterprises and Benefit Corporations in Switzerland
Social Enterprises in the Netherlands: Towards more institutional diversity?
Social Enterprises, Benefit Corporations and Community Interest Companies: The UK Landscape
Social Enterprises and Benefit Corporations in the United States
Innovation in Uruguayan Business Law: The "Benefit and Collective Interest Companies and Trusts"
Legal regulation of social enterprises in other European countries