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Published online by Cambridge University Press: 12 March 2023
This book contributes to the literature on comparative social enterprise law in four respects. First, it demonstrates that the existing legal forms and laws in common law Asia, the UK and US, do not properly address the three principal types of conflicts of interests affecting social enterprises. Second, this book distinguishes social enterprises and profit-driven companies that take into account sustainability or environmental, social and governance (ESG) considerations. Third, given the key difference between social enterprises and profit-driven but socially responsible companies, the concern that having a new legal form for social enterprises will undermine the sustainability practices of profit-driven companies is misplaced. Finally, creating a new legal form comprising the five criteria will reduce transaction costs for social entrepreneurs, investors, and consumers.
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