(1) A benefit corporation may have an officer designated as the benefit officer.

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Terms Used In Utah Code 16-10b-304

  • Benefit officer: means the individual designated as the benefit officer of a benefit corporation under Section 16-10b-304. See Utah Code 16-10b-103
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • General public benefit: means a material positive impact on society and the environment:
         (9)(a) taken as a whole;
         (9)(b) assessed against a third-party standard; and
         (9)(c) from the business of a benefit corporation. See Utah Code 16-10b-103
  • Specific public benefit: includes :
         (14)(a) providing low-income or underserved individuals or communities with beneficial products or services;
         (14)(b) promoting economic opportunity for individuals or communities beyond the creation of jobs in the normal course of business;
         (14)(c) protecting or restoring the environment;
         (14)(d) improving human health;
         (14)(e) promoting the arts, sciences, or advancement of knowledge;
         (14)(f) increasing the flow of capital to entities with a purpose to benefit society or the environment; and
         (14)(g) conferring any other particular benefit on society or the environment. See Utah Code 16-10b-103
(2) A benefit officer has:

     (2)(a) the powers and duties relating to the purpose of the corporation to create general public benefit or specific public benefit provided:

          (2)(a)(i) by the bylaws; or
          (2)(a)(ii) absent controlling provisions in the bylaws, by resolutions or orders of the board of directors; and
     (2)(b) the duty to prepare the benefit report required by Section 16-10b-401.