Prepare the Delaware public benefit corporation's stockholder statement

Retrieve the operative charter of the Delaware public benefit corporation and identify its stated public benefit. Review the bylaws and any board decisions governing the statement. A general social-purpose claim on the website should not replace the benefit actually identified in the corporation's legal documents.

Section 366 requires a statement to stockholders at least biennially and allows the charter or bylaws to impose more frequent reporting, public availability or third-party requirements. Have counsel establish the company's actual schedule and recipients. Keep this corporate statement separate from a voluntary certification or an ordinary state annual report.

The required statement addresses board-established objectives, adopted measurement standards, objective factual information and an assessment of success. Locate the resolutions or other records establishing those objectives and standards. Identify the period and the interests of people materially affected by the corporation's conduct that the review addresses.

If objectives or measurement rules are missing or unclear, put that gap before the board and counsel. Do not invent an earlier adoption date to make the statement appear complete. A new decision can improve the next period's process while the current statement accurately explains what evidence exists.

For each objective, identify the source records, responsible operational owner, period covered and measurement method. Reconcile the figures to the agreed standard and explain exclusions or unavailable data. Preserve unfavorable outcomes as well as favorable results so the statement reflects the actual record.

Separate a completed activity from its demonstrated effect. For example, a program's attendance count may show participation without proving a claimed long-term outcome. Use the evidence available for the specific measure and label estimates or limitations plainly. Have the responsible owners verify factual statements before the board reviews the draft.

Provide the decision-makers with the draft and evidence index, including unresolved questions. The assessment should explain progress and shortcomings against the stated objectives rather than simply repeat the corporation's mission. Counsel should review the required content and any additional obligations in the governing documents.

Retain the approved version and the delivery record for the required stockholders. If a public version or third-party process is required, assign those tasks explicitly and preserve their completion evidence. Do not assume that publishing a marketing page satisfies a stockholder delivery obligation or that legal PBC status establishes independent certification.

Record the next due date, data owners and any new board-approved objectives or standards. Preserve the prior statement and its supporting method so changes between periods can be explained. Avoid replacing historical measurements with a new method without identifying the difference.

Keep the final statement in the corporate record alongside the relevant board decisions. The next preparer should be able to trace a benefit named in the charter through the adopted objective to the evidence and assessment stockholders received.