Members of the MoFo Impact team contributed two chapters in The Lawyer's Corporate Social Responsibility Deskbook: Practical Guidance for Corporate Counsel and Law Firms, published by the American Bar Association. This new guide is a comprehensive resource for in-house and outside counsel to help their companies, firms, and clients develop effective corporate social responsibility programs. Susan Mac Cormac, Jesse Finfrock, and Benjamin Fox authored the chapters on impact investing and alternative legal structures, covering the following:

Impact Investing

  • Impact investment instruments
    • Convertible debt
    • Preferred equity
    • SAFEs
    • Bonds
  • Impact investor structures
    • For-profit funds designed to promote impact
    • Foundations
    • Hybrid funds
  • Impact measurement and reporting
    • ESG factors for existing public companies
    • Integrated reporting
    • New corporate forms
    • New Delaware statutes

Alternative Legal Structures

  • Overview
    • Understanding the Driving Forces behind the Proliferation of the New Corporate Forms
    • Marrying Nonprofits with For-Profits (Hybrid or Tandem Structures)
    • Overview of the New Types of Alternative Legal Entities – L3C, SPC/PBC, Benefit Corporations, Benefit LLCs
  • Hybrid (tandem) entities
    • Benefits of hybrid structures
    • Legal and practical issues with hybrid structures
    • General requirements and best practices for hybrid structures
    • Hybrid fund structures
  • For-profit entities
    • Benefit corporation, including certain state differences

Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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