The quality of “mission business” is a quality attributed to businesses that incorporate social and/or environmental objectives in their statutes and adjust their mode of operation to ensure their attainment.

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

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

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.

Clarification in the statutes

In order to qualify as a ‘business on a mission’, the statutes of the interested business must specify the 3 following elements :

• A “ reason for being that is, a commitment to guide the business in its economic direction
• One or more social and environmental objectives that the business should pursue its activities
• How it wishes to ensure the monitoring the execution of its mission.

Sheets dedicated to the writing and to the change 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 " reason for being that is, a commitment to guide the business in its economic direction.

That brings together the principles that the business adopts and in respect of which it undertakes to get involved.

Mention of 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 undertake to pursue its activities.

These objectives must be accurate enough to be assessed and controlled.

Mention of the follow-up of the execution of its mission

The third element that must be included in the statutes of the business concerns the means used by the business to ensure the monitoring the execution of its mission (its social and environmental objectives).

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

The mission committee is:

• Distinct other social bodies of the company
• Composed ofat least 1 employee
• Loaded exclusively the follow-up of the execution of the company's mission.

The mission committee shall:

• Present annually a report to thegeneral meeting of shareholders
• Proceed to any verification which he considers appropriate
• Be provided with any documents necessary to monitor the execution of the mission.

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

The business must declare his status as business to mission to the registrar of the commercial court. The clerk will publish it at RCS: titleContent, at RNE: titleContent and shall communicate it to theInsee: titleContent after verifying that the business meets the required conditions.

This may include:

• Either at the time of creation of the business during its registration on the website of the company formalities office
• Either during social life by a request formodifying entry. If the status of “business on assignment” changes the corporate purpose of the business, the Registry may require a publishing in a legal advertising medium before the filing of the amended statutes.

Control by an independent third party body

Businesses to missions must submit to checks carried out by an accredited referenced independent third-party body (ITO).

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

Observatory of businesses on mission

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

• Either within 18 months after the publication of the declaration of the status of business to mission in the register of commerce and businesses, for the businesses of 50 employees and more
• Either within 2 years after the publication of the declaration of the status of business to mission in the register of commerce and businesses, for the businesses of less than 50 employees
• Then at least every 2 years.

Except as otherwise provided in the statutes of the business, the ITO shall designated by the business, for an initial period of at maximum 6 years. This designation is renewable, within a limit of total duration of 12 years.

The ITO must have access to all documents held by the business relevant to the formation of its opinion, in particular the annual report of the mission committee (or the mission referent).

It shall carry out any on-site verification which he considers useful within the business. It may also carry out checks within the entities concerned by one or more social and environmental objectives constituting the mission of the business (for example a foundation), with the agreement of those entities.

The ITO makes a reasoned opinion which explains the factors taken into account and which indicates whether or not the business is meeting its objectives.

In the event 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 foreseen

The removal of the words “mission business” may be required if the business:

• Does not include a rationale or environmental objectives in its statutes
• Does not have a mission committee (or mission referent)
• To a mission committee (or a mission referent) 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 useful to its mission)
• Has not been checked by an ITO within the required deadlines, or has not allowed it to carry out its tasks (for example by not sending it 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 that the business has set for itself are not being met

In such cases, the public prosecutor or any interested person (e.g. a competitor, an employee) may refer the matter to the president of the commercial court.

The President of the Court obliges the legal representative of the business to delete the words “business to mission” all documents, documents or electronic media produced by the business. He can also demand that on-call.