Inspiration And Study On The Legal Regulation Of Public Benefit Corporation In USA

Since 2010,the states in USA have set off a series of legislative activities about public benefit corporation.This reflects the American people’s re-examination of the company’s organizational form,and also responds to the wave of social value investment and social enterprise movement.Compared with other types of new organizations that both take into account social welfare goals and profit targets,Public benefit corporation have the most extensive use in the United States because of their unique mechanisms.These characteristics are for the purpose of public welfare,manager responsibility mechanism,accountability mechanism,and disclosure mechanisms,etc.In contrast,China does not have any specific legislation on the organization of profit-making and public welfare.On the contrary,the General Principles of Civil Law distinguishes organizations from profit and non-profit.Legal Regulation of public benefit corporation does have certain conflicts with the relevant provisions of the General Principles of Civil Law,but under background that difficulties in establishing non-profit organizations,limited access to capital,and Implementing social responsibility,we should draw on the usefulness of public benefit corporation by American academic circles and state legislatures,learning from the advantages of American public benefit corporation in registering convenience,considering the interests of stakeholders,extermal supervision,etc.,and change the regulation on managing non-profit organizations in some fields.At the same time,the company law can also absorb the essence of the US public benefite corporation law system,implementing the provisions of Article 5 of the Company Law on corporate social responsibility,increase the specific types of public benefit corporation.In the other aspect,promoting the enterprise certification system and encouraging social value investment.