Details in the statutes

To qualify as a ‘business on mission’, the statutes of the business concerned must specify the Next 3 items :

• A “ raison d'être that is, a commitment to guide the business in its economic direction.
• One or more social and environmental objectives that the business shall undertake to carry out its activities.
• How it wishes to ensure follow-up to the implementation of its mission.

Sheets dedicated to the writing and to the alteration of the statutes of a business are available.

Mention of purpose

The first element to be included in the statutes of the business is a " raison d'être that is, a commitment to guide the business in its economic direction.

It's bundling the principles the business adopts and for whose respect it undertakes to invest.

For example, for a company in the textile sector: " Propose environmentally friendly and committed textile solutions to replace plastic, disposable products and conventional textiles ”.

Social and environmental objectives

The second element to be included in the statutes of the business is 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.

Mention of follow-up to the execution of its mission

The third element to be included in the statutes of the business concerns the means used by the business to ensure the follow-up to the implementation of its mission (its social and environmental objectives).

To ensure this follow-up, the business duty set up a mission committee.

The mission committee shall be:

• Separate other social bodies of the company
• Composed ofat least 1 employee
• Loaded exclusively monitoring the execution of the company's mission

The mission committee shall:

• Present annually a report togeneral meeting of shareholders
• Proceed to all checking which he considers appropriate
• Receive any documents necessary to monitor the execution of the mission

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

Control by an independent third party body

Mission businesses must undergo controls by an accredited referenced independent third party body (ITO).

List of independent third-party bodies referenced (mission businesses)

Mission businesses Observatory

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ITO is responsible for verify the achievement of objectives company social and environmental:

• Either within 18 months following the publication of the declaration of the status of business with a mission in the Trade and businesses Register, for businesses of 50 or more employees
• Either within 2 years following the publication of the declaration of the status of business with a mission in the Trade and businesses Register, for businesses of less than 50 employees
• Then, at least every 2 years

Unless otherwise provided in the statutes of the business, the ITO shall be designated by the business, for an initial period of at least maximum 6 years. This designation shall be renewable, up to 12 years total duration.

ITO must have access to all documents held by the business which are useful for drawing up its opinion, including the annual report of the mission committee (or mission referee).

It shall carry out all on-the-spot check which it considers useful within the business. It may also carry out checks within the entities concerned by one or more of the social and environmental objectives constituting the mission of the business (e.g. a foundation), with the agreement of those entities.

ITO returns a reasoned opinion which explains the elements taken into account and which indicates whether the business is meeting its objectives.

In the case of a negative opinion, he shall state the reasons why, in his opinion, the objectives were not achieved or why it was impossible for him to reach a conclusion.

Penalties provided for

The removal of the reference to ‘mission business’ may be required if the business:

• Does not mention environmental purpose or objectives in its statutes
• Does not have a mission committee (or mission reference)
• To a mission committee (or a mission focal point) that fails to carry out its missions (for example, if it does not publish its annual report or if it is not granted access to documents relevant to its mission)
• was not audited by an ITO within the required time limits, or did not allow the ITO to carry out its tasks (e.g. by not transmitting the annual report of the mission committee)
• Is the subject of an ITO opinion which concludes that one or more of the social and environmental objectives which the business has set itself are not being met

In such cases, 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.

The President of the Tribunal require the legal representative of the business to delete the reference to ‘business to mission’ all documents, documents or electronic media produced by business. He can also demand that under periodic penalty payment.