What Is a Delaware Public Benefit Corporation?

A Public Benefit Corporation makes it legal for corporations to act morally, ethically and responsibly in regard to society, the environment, the natural world and the world at large.

A Delaware Public Benefit Corporation can be formed in the same manner as a Delaware Corporation, by filing a Certificate of Incorporation with the Delaware Division of Corporations.

However, unlike a Delaware General Corporation or Delaware Close Corporation, the Certificate of Incorporation for a Delaware Public Benefit Corporation must be clearly marked to demonstrate that the entity is a Public Benefit Corporation.

The Certificate of Incorporation must also list the company's altruistic goals and overall mission statement; for example, if the corporation promises to provide clean drinking water to refugee camps, donates a certain percentage of profits to an organization in Kenya that raises orphaned elephants until they can be re-integrated into the wild or guarantees its time, money and manpower to environmental organizations.

Likewise, a Delaware Public Benefit Corporation's stock certificates must also be clearly marked with the words "Public Benefit Corporation."

However, in every other manner, the structure of a Delaware Public Benefit Corporation mirrors the structure of any type of Delaware Corporation.