Is your business making the world a better place but struggling to communicate its public benefit to consumers and investors? Consider filing as a Benefit Corporation or pursuing B Corp Certification to differentiate your company from the crowd.
Forming under this new entity type – available with slight variations in more than a dozen states – empowers corporations to create a material positive impact on society and the environment without fear of breaching fiduciary duties. Directors and officers are protected from liability to consider non-financial interests and preserve the company’s mission during ownership and capital changes. While the company gains flexibility in financing and liquidity situations, shareholders are also protected through corporate accountability measures. Similarly, companies with qualifying corporate structures that meet certain performance standards may apply for B Corp Certification.
Setting up your business to do well by doing good isn’t just socially responsible. It can help differentiate your brand, preserve your social mission, satisfy consumers and attract investors.

Investment Company Status Considerations for Cash Positioning in Wake of Bank Failures
Given this week’s headlines, many emerging companies may be asking themselves: “Why am I holding so much cash?” The Investment Company Act of 1940 (the 1940 Act) may be to blame. “But I don’t have any intention of being an investment company. Aren’t those mutual funds or…

Distressed Bank Update as of March 16, 2023
In the three days since federal authorities announced sweeping measures to protect depositors of Silicon Valley Bank (SVB) and Signature Bank and help prevent additional bank failures (as discussed in our update of March 12, 2023), the U.S. banking system appears to have stabilized, at least temporarily.…

Short-Term Cash Management Alternatives
In response to recent client questions regarding the various considerations and options for holding short-term funds, we have prepared a reference chart comparing certain key characteristics of demand deposits with government securities, money market funds, and other short-term cash management instruments. Please note that this information is…