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

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

Author: Henry Peter; Carlos Vargas Vasserot; Jaime Alcalde Silva
Publisher: Springer International
ISBN: 9783031142185
Published In: March 2023
Format: Paperback
Jurisdiction: Switzerland ? Disclaimer:
Countri(es) stated herein are used as reference only

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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.

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

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