Current through codified legislation effective October 30, 2024
Section 29-1303.03 - Standard of conduct for officers(a) Each officer of a benefit corporation shall consider the interests and factors described and in the manner provided in § 29-1303.01(a) if: (1) The officer has discretion to act with respect to a matter; and(2) It is reasonably apparent to the officer that the matter may have a material effect on the creation of general public benefit or a specific public benefit identified in the articles of incorporation of the benefit corporation.(b) The consideration of interests and factors as provided by subsection (a) of this section shall not constitute a violation of § 29-306.42.(c) An officer is not personally liable for monetary damages for:(1) Action taken as an officer if the officer performed the duties of the position in compliance with § 29-306.42 and this section; or(2) Failure of the benefit corporation to pursue or create general public benefit or specific public benefit.(d) An officer does not have a duty to a beneficiary of the general public benefit purpose or a specific public benefit purpose of a benefit corporation arising from the beneficiary's status.May 1, 2013, D.C. Law 19-305, § 2(b), 60 DCR 2735.