Delaware Code Title 6 Sec. 5003E – Statement of adoption of transparency and sustainability standards
If the governing body of an entity has adopted resolutions setting forth the entity’s standards and assessment measures, the entity may file a standards statement that:
(1) Acknowledges that the governing body of the entity has adopted resolutions setting forth the entity’s standards and assessment measures;
(2) Identifies an internet link on the principal website maintained by or on behalf of the entity at which the standards and assessment measures, the third-party criteria used to develop the standards, a description of the process by which such standards were identified, developed and approved and any report filed or to be filed by the entity are and will be readily available at no cost and without the requirement of the provision of any information, and will remain available for so long as the entity remains a reporting entity (the “website”);
(3) Acknowledges that the entity has agreed to acknowledge and deliver to the Secretary of State, within 30 days after a request therefor by the Secretary of State, its most recent report; and
(4) Acknowledges that the entity has committed to:
a. Use the assessment measures to assess the entity’s performance in meeting its standards;
b. Review and assess its standards and assessment measures from time to time, and make such changes thereto as the governing body in good faith determines are necessary or advisable in furtherance of meeting the entity’s standards; and
c. Prepare and make readily available to the public at no cost and without the requirement of the provision of any information (by posting on the website at the identified internet link) a copy of its report within 90 days of the end of each reporting period; and
(5) Sets forth the address within the State to which the Secretary of State shall mail any notices; and
(6) Is acknowledged by an authorized person.
Terms Used In Delaware Code Title 6 Sec. 5003E
- Acknowledged: shall mean , with respect to any document or instrument required to be executed by an authorized person pursuant to this chapter, the authorized person executing such document or instrument has certified, under penalty of perjury, that the information set forth in such document or instrument is accurate and complete to the best of such authorized person's actual knowledge after due inquiry. See Delaware Code Title 6 Sec. 5001E
- Assessment measures: shall mean , with respect to any entity, the policies, procedures or practices adopted by such entity to adduce objective factual information to assess the entity's performance in meeting its standards, including any procedures for internal or external verification of such information. See Delaware Code Title 6 Sec. 5001E
- Authorized person: means , with respect to any entity, any person or entity who has been duly authorized in accordance with the organizational documents of the entity and the laws of this State (whether statutory, common law or otherwise) under which the entity is incorporated, formed or organized to execute such documents and instruments and make such acknowledgments as are required by this chapter. See Delaware Code Title 6 Sec. 5001E
- Entity: means any: (A) corporation (stock or nonstock), partnership (whether general (including a limited liability partnership) or limited (including a limited liability limited partnership)), limited liability company, or statutory trust validly existing under the applicable laws of this State, or (B) any association of the kind commonly known as a joint-stock association or joint-stock company, and any unincorporated association, trust or other enterprise having members or having outstanding shares of stock or other evidences of financial or beneficial interest therein, the internal affairs of which are governed by the laws of this State and which has not otherwise been dissolved (whether voluntarily or by any order or decree of any court of competent jurisdiction) or otherwise terminated. See Delaware Code Title 6 Sec. 5001E
- Governing body: shall mean the board of directors or equivalent governing body, person or entity having the power to manage and direct the business and affairs of the entity, and shall include any duly authorized and empowered committee of the board of directors or equivalent governing body. See Delaware Code Title 6 Sec. 5001E
- Report: shall mean a report with respect to a reporting period for a reporting entity containing the following:
- Reporting entity: shall mean an entity that has been issued a certificate of adoption of transparency and sustainability standards and that has not become and continues to be a nonreporting entity pursuant to § 5004E of this title. See Delaware Code Title 6 Sec. 5001E
- Reporting period: shall mean a period of 1 year, the initial such period to begin not more than 1 year following the filing of the standards statement, and subsequent reporting periods to begin on the day following the last date of the prior reporting period, unless a governing body elects to shorten the duration of a reporting period that has not begun in order to change the start date for subsequent reporting periods. See Delaware Code Title 6 Sec. 5001E
- Standards: shall mean , with respect to an entity, the principles, guidelines or standards adopted by the entity to assess and report the impacts of its activities on society and the environment, which principles, guidelines or standards shall be based on or derived from third-party criteria. See Delaware Code Title 6 Sec. 5001E
- Standards statement: shall mean the filing described in § 5003E of this title. See Delaware Code Title 6 Sec. 5001E
- State: means the District of Columbia or the Commonwealth of Puerto Rico or any state, territory, possession, or other jurisdiction of the United States other than the State of Delaware. See Delaware Code Title 6 Sec. 17-101
- Third-party criteria: shall mean any principles, guidelines or standards developed and maintained by a third party (including a provider) that are used to assist businesses or other enterprises in measuring, managing or reporting the social and environmental impact of businesses or other entities. See Delaware Code Title 6 Sec. 5001E