Illinois Compiled Statutes 805 ILCS 40/4.10 – Standard of conduct for officers
Current as of: 2024 | Check for updates
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(a) Each officer of a benefit corporation shall consider the interests and factors described in subsection (a) of Section 4.01 in the manner provided in that subsection if:
(1) the officer has discretion to act with respect
(1) the officer has discretion to act with respect
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to a matter; and
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(2) it reasonably appears to the officer that the
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matter may have a material effect on the creation by the benefit corporation of general public benefit or a specific public benefit identified in the articles of incorporation by the benefit corporation.
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(b) Exoneration from personal liability. An officer is not personally liable for monetary damages for:
(1) action taken as an officer if the officer
Terms Used In Illinois Compiled Statutes 805 ILCS 40/4.10
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- 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.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
(1) action taken as an officer if the officer
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performed the duties of the position in compliance with this Section; or
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(2) failure of the benefit corporation to pursue or
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create general public benefit or specific public benefit.
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(c) Limitation on standing. An officer does not have a duty to a person that is a beneficiary of the general public benefit purpose or a specific public benefit purpose of a benefit corporation arising from the status of the person as a beneficiary.
