Financing the Benefit Corporation

28 Pages Posted: 24 Mar 2017

Date Written: March 24, 2017

Abstract

The hybrid organizational forms designed with social enterprises in mind have proven to be hothouse flowers. Flourishing in state legislatures, even those with the most distinguished pedigrees — such as Delaware’s public benefit corporation — have so far failed to thrive in the marketplace. Fortunately, hybrid financial instruments offer a source of strength and stability that can help social enterprise to take root.

This Article examines the valuable role that financial instruments can play in providing social enterprises with the capital they need to grow. Debt with equity features and equity with debt characteristics constitute the lion’s share of such financial tools. More exotic financial tools, including some tailor-made for social enterprise, can be deployed alongside hybrid debt and equity instruments that any venture might use.

Keywords: social enterprise, benefit corporation, hybrid organizational forms, hybrid financial instruments, debt, equity, convertible debt, preferred stock, standard agreement for future equity

Suggested Citation

Brakman Reiser, Dana and Dean, Steven, Financing the Benefit Corporation (March 24, 2017). Seattle University Law Review, Vol. 40, Pg. 793, 2017, Brooklyn Law School, Legal Studies Paper No. 487, Available at SSRN: https://ssrn.com/abstract=2940267

Dana Brakman Reiser (Contact Author)

Brooklyn Law School ( email )

250 Joralemon Street, Rm. 814
Brooklyn, NY 11201
United States
718-780-0396 (Phone)
718-780-0376 (Fax)

Steven Dean

Brooklyn Law School ( email )

250 Joralemon Street
Brooklyn, NY 11201
United States

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