NeantHumain wrote:
Sorry, a for-profit corporation has moral obligations beyond mere fiduciary duty and not breaking the law. Corporations, beyond duties to their shareholders, have duties to their employees, their customers, the communities they operate in, and the environment.
That might be a moral guide, but it is most certainly not the law.
A corporation has one, and only one legitimate activity: to provide a return on investment to its shareholders. That is the purpose for which the law has created corporations, and it is the only purpose that is recognized in law.
At its most basic, a corporation is restricted to the activities set out in its constating documents (those will vary from jurisdiction to jurisdiction, but in most common law jurisdictions it will be a constitution or a corporate charter). Any activity not provided for in a corporate charter is
ultra vires that corporation, and directors and officers are liable to the corporation if they cause it to act outside its legal authority.
Now, there is still a pretty broad range of legitimate activity that will enhance shareholder value. To the extent that charitable activities create tax incentives and public goodwill, they will enhance shareholder value. To the extent that a positive workplace environment and generous benefits will create a productive and stable workforce, they will enhance shareholder value. These are all legitimate actions because they are ultimately predicated upon the generation of profit and the increase of shareholder value.
But unless the law imposes an affirmative obligation on a corporation, it has no legal capacity to do anything that does not create shareholder value, and a corporation can be constrained from so doing by those same shareholders.
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--James