Business-to-Mission Status

Verified 15 September 2023 - Legal and Administrative Information Directorate (Prime Minister)

The concept of " mission business is of a quality recognized by the businesses guaranteeing compliance with commitments social and environmental.

‘business-to-mission’ is a type of label awarded to businesses that integrate social and/or environmental objectives in their statutes and adjust their mode of operation to ensure that this task is carried out.

Beyond the sole pursuit of profit, the mission business aims to to contribute positively to business or the environment.

The main interest for business is highlight the altruistic aspect of its activity to its partners, customers and institutions.

Please note

Any business, whatever its formmay voluntarily adopt the status of "business to Mission", provided that it meets the required conditions.

Mission business is a quality and not a new legal category. It is therefore not no need to change legal form to become a mission business. However, achieving this quality may involve change statuses business to include social and environmental objectives.

To qualify as a ‘business to Mission’, the interested business must comply with the 3 following conditions :

  • Its statutes specify a raison d'être that is, a commitment to guide the business in its economic direction. This brings together the principles which the business adopts and for which it intends to allocate resources in carrying out its activity. For example, for a company in the textile sector: " Propose environmentally friendly and committed textile solutions to replace plastic, disposable products and conventional textiles ”.
  • Its statutes specify one or more social and environmental objectives that the business shall undertake to carry out its activities. These objectives must be sufficiently precise to be evaluated and monitored. For example: designing sustainable products with a focus on recycled raw materials, implementing circular economy awareness actions among customers, supporting environmental protection initiatives, etc.
  • Its statutes shall specify the arrangements for monitoring the implementation of its tasks. As such, the business must put in place a mission committee, distinct from the social bodies and composed ofat least 1 employee.

This committee is exclusively responsible for this follow-up and presents an annual report to the assembly responsible for approving the business' accounts. The Committee shall carry out any verification it deems appropriate and shall obtain any documents necessary for monitoring the execution of the mission.

The statutes of the business rules and regulations may refer to a operation of the mission committee (procedures for appointing members, number of meetings, voting rules, term of office, remuneration of members, etc.).

Please note

If the business employs less than 50 employees and complies with the first 2 conditions, it may replace the mission committee by a mission referent. The referee may be an employee of the company, provided that his contract of employment corresponds to an actual job.

The business shall declare its status as a mission business to the registrar of the commercial court which shall publish it in the SCR: titleContent and to the RNE: titleContent and shall communicate it to theInsee: titleContent after checking that the business meets the 3 requirements.

This may include:

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Control by an independent third party body

Within the first 18 months after the declaration of business-to-Mission status, the business-to-Mission shall control of an independent third party body (ITO). The deadline is 24 months for businesses with less than 50 employees who have set up a mission referent.

This body shall be designated by the business among the bodies accredited by the French Accreditation Committee (Cofrac), for a maximum duration of 6 exercises. This period shall be renewable up to a total of 12 financial years.

The opinion of the body indicates whether the business is meeting its objectives. In giving its opinion, the ITO may have access to any documents held by the business which it considers relevant. He may carry out on-the-spot checks and must in particular have access to the annual report drawn up by the mission committee.

Where appropriate, it shall state the reasons why the objectives have not been achieved or why it has been impossible for it to reach a conclusion.

Please note

This verification must take place at least every 2 years.

Sanctions in case of missing condition

Where one of the three conditions is not met, or where the opinion of the OTI concludes that one or more of the social and environmental objectives which the business has set itself are not met, the Public Prosecutor's Office or any interested person (e.g. a competitor, an employee) may to bring proceedings before the president of the commercial court.

In that case, the President of the Court shall give an interim order instructs the legal representative of the business to delete the reference to ‘business at mission’ all documents, documents or electronic media emanating from the business (if any) under periodic penalty payment).

Warning  

Failure to comply with a statutory purpose and mission clause may result in the civil liability of the business and its officers (or even their revocation).

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