West Virginia Code § 31F-5-501

Annual benefit report
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(a) A benefit corporation shall prepare an annual benefit report that includes all of the
following:
(1) A narrative description of:
(A) The ways in which the benefit corporation pursued the general public benefit during the
year and the extent to which the general public benefit was created; and
(B) Both:
(i) The ways in which the benefit corporation pursued any specific public benefit that the
articles of incorporation or bylaws, or other action taken by the board of directors, state it is
the purpose of the benefit corporation to create; and a
(ii) The extent to which that specific public benefit was created; and
(C) Any circumstances that have hindered the creation by the benefit corporation of the
general or any specific public benefit;
(2) An assessment of the social and environmental performance of the benefit corporation.
The assessment shall be:
(A) Prepared in accordance with a third-party standard specified in the articles of
incorporation, the bylawLs, or otherwise adopted by the board of directors and applied
consistently with any application of that standard in prior benefit reports; or
(B) Accompanied by an explanation of the reasons for any inconsistent application; and
(3) Any other information or disclosures that may be required under any third-party standard
adoWpted by the directors of the benefit corporation.
(b) The benefit report shall be made available annually to each shareholder of the benefit
corporation:
(1) Within one hundred twenty days following the end of the fiscal year of the benefit
corporation; or
(2) At the same time that the benefit corporation delivers any other annual report to its
shareholders.
(c) A benefit corporation shall post its most recent benefit report on a publicly accessible
portion of its Internet website, if any. If a benefit corporation does not have an Internet
website, it shall make a written or electronic copy of its most recent benefit report available
upon written request from any person. A benefit corporation is not required to publically
disclose to persons other than its shareholders any proprietary, confidential, or individual
compensation information contained in its benefit report to the extent that any third-party
standard adopted by the directors of the benefit corporation permits the omission of such
information from public disclosure.

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