
Guidance for Maryland and Delaware LLCs and Corporations
Companies across the MidAtlantic are increasingly adopting mission driven governance structures—whether as Maryland benefit corporations or benefit LLCs, Delaware Public Benefit Corporations (PBCs), or Delaware statutory public benefit LLCs. One of the most important tools for demonstrating transparency and accountability in these structures is the public benefit (also referred to as impact) report.
This article explains what a public benefit report is, how to prepare one, and the specific requirements for Maryland and Delaware businesses. It also includes links to B Lab U.S. & Canada resources, which many companies use to structure and assess their impact reporting, along with examples from our own firm’s benefit reports and B Lab.
At a Glance: Benefit Reporting Requirements
| Entity Type | Report Frequency | Third-Party Standard Required? | Public Posting Required? |
| Maryland Benefit Corporation | Annual (within 120 days of fiscal year end) | Yes | Yes |
| Maryland Benefit LLC | Annual (within 120 days of fiscal year end) | Yes | Yes |
| Delaware PBC | At least every 2 years | No (voluntary) | No (voluntary) |
| Delaware Statutory PB LLC | At least every 2 years | No (voluntary) | No (voluntary) |
What a Public Benefit Report Is
A public benefit report is a periodic disclosure describing how a company pursued its stated public benefit purpose and how it assessed its overall social and environmental performance. A strong report typically includes the company’s public benefit purpose, actions taken to advance that purpose, measurable progress or outcomes, and any third party assessment standard used to evaluate performance. These reports help companies demonstrate accountability to stakeholders and reinforce their mission commitments.
Maryland: Annual, Third‑Party, and Public
Maryland recognizes both benefit corporations and benefit LLCs, and both follow the same reporting framework. The state’s approach emphasizes transparency and accountability.
Annual Benefit Report — Companies must prepare a report every year describing how they pursued their general and specific public‑benefit purposes.
Third‑Party Standard Required — Maryland requires use of an independent standard to assess performance.
120‑Day Deadline — Reports must be delivered to stockholders within 120 days after the end of the fiscal year.
Public Posting Required — Companies must post the benefit report on their website or provide it upon request if no website exists.
Maryland’s framework is well‑suited for companies that want a high‑transparency structure and are comfortable with annual, externally benchmarked reporting.
Delaware: Flexible, Internal, and Biennial
Delaware offers two mission‑aligned structures—Public Benefit Corporations (PBCs) and statutory public benefit LLCs—and both follow a more flexible, internal reporting model. This approach is especially popular with high‑growth and venture‑backed companies.
No Third‑Party Standard Required — Companies may adopt one voluntarily, but it is not mandated.
Biennial Reporting — Both PBCs and public benefit LLCs must provide a benefit report at least every two years.
Internal Audience — Reports go to stockholders (PBCs) or members (public benefit LLCs), not the public.
Public Transparency
- Delaware does not require public posting of benefit reports.
- Many companies still choose to publish their reports online because it strengthens brand credibility, signals accountability to investors and customers, and reinforces their mission as part of their marketing strategy.
How to Create a Public Benefit Report
1. Restate Your Public Benefit Purpose
Clearly state the public benefit purpose(s) included in your charter or operating agreement.
2. Describe Actions Taken
Explain the initiatives, programs, or operational changes implemented to advance your mission.
3. Provide Measurable Outcomes
Include data, metrics, or qualitative results. Earlystage companies can report progress indicators or milestones.
4. Discuss Stakeholder Considerations
Describe how decisions considered employees, customers, suppliers, communities, and the environment.
5. Identify Your Assessment Standard
Maryland requires a third-party standard. Delaware entities may choose one voluntarily. Many companies use B Lab’s B Impact Assessment as their framework.
6. Outline Future Goals
Share what you plan to improve or expand in the coming year.
Publishing Your Report on Your Website
Once your report is complete, publish it on a dedicated page—typically titled “Public Benefit Report” or “Impact Report”—and make it easy to find from your About, Governance, or ESG/Impact sections. You may upload the report as a PDF or publish it directly as a webpage, but either way, include the reporting year, a brief summary at the top, and an archive of past reports for transparency. Maryland companies must ensure the report is publicly accessible, while Delaware companies benefit from voluntary posting that builds trust with stakeholders and investors. For reference, here are examples of our firm’s own reports: 2023 Benefit Report and 2024 Benefit Report
Using Your Benefit Report Beyond Your Website
A well-crafted benefit report is more than a compliance document—it’s a powerful storytelling asset. Companies increasingly use their reports to strengthen brand identity and stakeholder engagement across multiple channels.
Ways to amplify your benefit report:
- LinkedIn—share highlights and tag partners, community organizations, and team members who contributed.
- Newsletters—include a short summary in client or stakeholder communications.
- Press announcements—announce major milestones like B Corp Certification or new initiatives.
- Recruiting materials—job candidates increasingly seek employers with a clear social or environmental mission.
B Lab U.S. & Canada Resources
These resources help companies develop credible, structured benefit reports aligned with best practices across the U.S. and Canada.
Building a business for good requires partners who share your vision. Contact us help you navigate the legal requirements so you can focus on creating positive change.
