Social wealth fund by Adam Simpson. A social wealth fund embraces the collective ownership of assets to provide services and democratically distribute resources within a society or community. January 30, Worker cooperatives by John Duda. A worker cooperative provides for both democratic ownership and democratic governance of the workplace, unlike traditional businesses in which ownership is often antagonistic to the workers who create value for the firm. January 15, Municipal enterprise by Stephanie Geller.
Municipal enterprises are businesses or services owned by local public authorities that provide services or generate revenue for local communities. December 11, Employee stock ownership plan by Stephanie Geller. Description An employee stock ownership plan ESOP enables full or partial ownership of a business by its employees through a pension plan or trust. October 24, Public Banks by Adam Simpson. How financial institutions owned by and accountable to the people help create a nonextractive economy.
October 4, The Commons by Dana Brown. The commons are collective resources—encompassing things as varied as land, seed banks, and open-source software—managed by self-organized social systems under mutually acceptable terms. August 30, Land Bank by Jarrid Green. Using the Name or Likeness of Another. State Law: Recording. Linking to Copyrighted Materials.
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Proponents argue that the L3C legislation merely amends LLC definitions, does not create a new structure, and while new legal structures may not be necessary there are benefits to them. They argue there is increased interest in new types of business entities and financing structures and states have always adopted new legal forms.
They argue that the L3C legislation is built on the LLC structure to provide flexibility of membership and an organization that can cover a wide range of social enterprises.
They also state that it is a simple legislative change and the LLC statutes have the benefit of years of legislation and litigation behind them. Opponents make a number of arguments against L3C legislation. Regarding PRIs, their arguments include the following. Federal tax authorities have always made the determination about whether an investment qualifies as a PRI. State law cannot relieve a person of any obligation or standard of conduct under the federal regulation.
It is unclear how L3Cs will be monitored to ensure that profit remains a secondary purpose and for-profit investors do not receive an improper benefit. If a significant portion of a L3C ' s capital is from investors seeking a return, producing income is a significant purpose.
If L3Cs are presumed eligible for PRIs, the burden of detecting noncompliance shifts to state regulators instead of the organizations that receive tax benefits from their charitable status.
It is unclear whether the L3C designation would reduce a foundation ' s transaction costs and what the consequences would be if a L3C is not properly structured. Proponents argue that L3Cs could take on economic development projects or job creation programs. It is difficult to determine when these activities are charitable as opposed to business ventures that do not qualify as charitable activities. Opponents also argue that:. L3Cs could divert charitable assets from nonprofits toward new and untried business entities that may lack the supervision that state officials exercise over public charities;.
Nine states currently have L3C laws:. However, many experts believe there are serious tax and other issues that cannot be overcome and that the L3C is not the proper vehicle for private foundation PRI investing. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.
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Grow Your Legal Practice. Meet the Editors. Origin and Purpose of L3C Prior to , the prevailing for-profit business entities required high returns on investment. Investments from Private Foundations When L3Cs first arrived on the scene, it was hoped they would be an attractive option for private foundations to use as investment vehicles. Business Formation. Choosing a Business Structure.
Sole Proprietorships.
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