Applicability of provisions to foreign and interstate commerce

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    (a)    In this subtitle the following words have the meanings indicated.

    (b)    “Benefit limited liability company” means a Maryland limited liability company that elects to be a benefit limited liability company in accordance with § 4A–1203 of this subtitle and has not ceased to be a benefit limited liability company through the operation of § 4A–1205 of this subtitle.

    (c)    “General public benefit” means a material, positive impact on society and the environment, as measured by a third–party standard, through activities that promote a combination of specific public benefits.

    (d)    “Specific public benefit” includes:

        (1)    Providing individuals or communities with beneficial products or services;

        (2)    Promoting economic opportunity for individuals or communities beyond the creation of jobs in the normal course of business;

        (3)    Preserving the environment;

        (4)    Improving human health;

        (5)    Promoting the arts, sciences, or advancement of knowledge;

        (6)    Increasing the flow of capital to entities with a public benefit purpose; or

        (7)    The accomplishment of any other particular benefit for society or the environment.

    (e)    “Third–party standard” means a standard for defining, reporting, and assessing best practices in social and environmental performance that:

        (1)    Is developed by a person or entity that is independent of the benefit limited liability company; and

        (2)    Is transparent because the following information about the standard is publicly available or accessible:

            (i)    The factors considered when measuring the performance of a business;

            (ii)    The relative weightings of those factors; and

            (iii)    The identity of the persons who developed and control changes to the standard and the process by which those changes were made.


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