New Hampshire

Requirements:

  1. A narrative description of:
    1. The ways in which the benefit corporation pursued general public benefit and the extent to which it was created.
    2. Both:
      1. The ways in which the benefit corporation pursued a specific public benefit that the articles of incorporation state it is the purpose of the benefit corporation to create; and
      2. The extent to which that specific public benefit was created.
  2. Any circumstances that have hindered the benefit corporation of general public benefit or specific public benefit.
  3. The process and rationale for selecting the third-party standard used to prepare the benefit report.
  4. An assessment of the benefit corporation's overall social and environmental performance against a third-party standard.
    1. Applied consistently with any application of that standard in prior benefit reports; or
    2. Accompanied by an explanation of the reasons for:
      1. Any inconsistent application; or
      2. The change to that standard from the one used in the immediately prior report.
  5. The name of the benefit director and the benefit officer, if any, and the address to which correspondence to each of them may be directed.
  6. The compensation is paid by the benefit corporation during the year to each director in the capacity of a director. 
  7. The statement of the benefit director is described in RSA 293-C:8, III.
  8. A statement of any connection between the organization that established the third-party standard, or its directors, officers, or any holder of 5% or more of the governmental interests in the organization, and the benefit corporation or its directors, officers, or any holder of 5% or more of the outstanding shares of the benefit corporation, including any financial or governance relationship which might materially affect the credibility of the use of the third-party standard. 
  9. If the benefit corporation has dispensed with, or restricted the discretion or powers of, the board of directors, a description of:
    1. The persons that exercise the powers, duties, and rights and who have the immunities of the board of directors; and 
    2. The benefit director, as required by RSA 293-C:8, VI.
  10. If during the year covered by a benefits report, a benefit director resigned from or refused to stand for reelection to the position of benefit director, or was removed from the position of benefit director, and the benefit director furnished the benefit corporation with any written correspondence concerning the circumstances surrounding the resignation, refusal, or removal, the benefit report shall include that correspondence as an exhibit. 
  11. Neither the benefit report nor the assessment of the performance of the benefit corporation required by subparagraph I(b) shall be audited or certified by a third party. 
  12. A benefit corporation shall send its annual benefit report to each shareholder on the earlier of:
    1. 120 days following the end of the fiscal year of the benefit corporation; or
    2. At the same time that the benefit corporation delivers any other annual report to its shareholders. 
  13. A benefit corporation shall post all of its benefit reports on the public portion of its internet website if any; but the compensation paid to directors and financial or proprietary information included in the benefit reports may be omitted from the benefit reports as posted. 
  14. If a benefit corporation does not have an Internet website, the benefit corporation shall provide a copy of its most recent benefit report, without charge, to any person that requests a copy, but the compensation paid to directors and financial or proprietary information included in the benefit report may be omitted to form the copy of the benefit report provided.
  15. Concurrently, with the delivery of the benefit report to shareholders under paragraph I, the benefit corporation shall deliver a copy of the benefit report to the secretary of state for filing, but the compensation paid to directors and financial or proprietary information included in the benefit report may be omitted from the benefit report as delivered to the secretary of state. The secretary of state shall charge a fee of $35 for filing a benefits report. 
  16. If the secretary of state determines that a benefit corporation established pursuant to the chapter fails to make available its annual benefit report pursuant to RSA 293-C:12, the secretary of state shall administratively dissolve the corporation in accordance with the procedures in RSA 293-A:14.21.

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