Utah Code > Title 48 > Chapter 4 > Part 4 – Transparency
Current as of: 2023 | Check for updates
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Other versions
§ 48-4-401 | Annual benefit report |
§ 48-4-402 | Availability of annual benefit report |
Terms Used In Utah Code > Title 48 > Chapter 4 > Part 4 - Transparency
- Benefit company: means a limited liability company:
(a) that elects to become subject to this chapter; and (b) the status of which as a benefit company has not been terminated. See Utah Code 48-4-103 - Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- General public benefit: means a material positive impact on society and the environment:
(a) taken as a whole; (b) assessed against a third-party standard; and (c) from the business of a benefit company. See Utah Code 48-4-103 - Person: means :Utah Code 68-3-12.5
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- Specific public benefit: includes :
(a) providing low-income or underserved individuals or communities with beneficial products or services; (b) promoting economic opportunity for individuals or communities beyond the creation of jobs in the normal course of business; (c) protecting or restoring the environment; (d) improving human health; (e) promoting the arts, sciences, or advancement of knowledge; (f) increasing the flow of capital to entities with a purpose to benefit society or the environment; and (g) conferring any other particular benefit on society or the environment. See Utah Code 48-4-103 - Third-party standard: means a standard for defining, reporting, and assessing overall social and environmental performance that:
(a) assesses the effect of a business and a business's operations on the interests described in Subsections 48-4-301(1)(a)(ii) through (v); (b) is developed by an entity: (i) that is independent of the benefit company; (iii) that is not materially financed by an association or business described in Subsection (10)(b)(ii); (iv) that has access to necessary expertise to assess overall social and environmental performance; (v) uses a balanced multistakeholder approach to develop the standard, including a public comment period of at least 30 days; and (vi) makes the following information publically available: (A) the criteria considered when measuring the overall social and environmental performance of a business; (B) the relative weightings, if any, of the criteria described in Subsection (10)(b)(vi)(A); (C) the identity of each director, officer, material owner, and governing body of the entity that developed and controls revisions to the standard; (D) the process by which revisions to the standard and changes to the membership of the governing body are made; and (E) an accounting of the revenue and sources of financial support for the entity, with sufficient detail to disclose a relationship that could reasonably be considered to present a potential conflict of interest. See Utah Code 48-4-103