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ARTICLE · 08 OCTOBER 2021

Study Throws Wet Blanket On Other Constituency Statutes

Allen Matkins Leck Gamble Mallory & Natsis LLP
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An "other constituency statute" permit, but do not require, boards of directors to consider non-shareholder interests (such as the interests of employees, the environment, et cetera) when making decisions.

United StatesCorporate/Commercial Law

An "other constituency statute" permit, but do not require, boards of directors to consider non-shareholder interests (such as the interests of employees, the environment, et cetera) when making decisions.  California and Delaware are among a handful of states that have not enacted an other constituency statute.  Their decision to eschew such legislation appears to have been a wise one, at least according to one recently released study.  

In The Cost (and Unbenefit) of Conscious Capitalism,  the authors examined a sample of U.S. publicly traded firms spanning nearly three decades.  Their conclusions are not good news for advocates of other constituency statutes and stakeholder capitalism: 

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