Navigating capitalism today: benefit corporations vs. certified B corporations

In the realm of modern business, a notable shift has occurred, and two prominent models leading this transformation are the Benefit Corporations and the Certified B Corporation (B Corps). While both share a fundamental commitment to merging profitability with ESG impact, they diverge in legal structures and regulatory mandates. The former is a legally recognized corporate entity obliged to balance financial gains with prescribed ESG objectives, while the latter is a certification granted to companies that meet stringent criteria for sustainable and ethical business practices, regardless of their legal structure. This article sketches the distinctions between these pioneering approaches, shedding light on their unique roles in propelling the “conscious” corporate movement. Benefit Corporations, initially regulated by Italy in 2016, making it the pioneer in Europe with a streamlined legislative approach, recently gained momentum. France followed suit with its own enactment, through the loi PACTE, called societes à mission, drawing direct inspiration from the Italian framework, and the OECD unanimously urged its Member States to adopt similar rules. In 2020, the Italian government introduced measures within the budget law to incentivize companies meeting “benefit criteria” when participating in public tenders. This included a substantial 50% tax credit on transformatio...