[§420D-6]  Standard of conduct for directors.  (a)  In discharging the duties of their respective positions, the board of directors, committees of the board, and individual directors of a sustainable business corporation, in considering the best interests of the sustainable business corporation:

     (1)  Shall consider the effects of any action of the sustainable business corporation upon:

          (A)  The shareholders of the sustainable business corporation; and

          (B)  The accomplishment of general and specific public benefits set forth in the sustainable business corporation's purposes; and

     (2)  May consider:

          (A)  The employees and workforce of the sustainable business corporation and its subsidiaries and suppliers;

          (B)  The interests of customers as beneficiaries of the general or specific public benefit purposes of the sustainable business corporation;

          (C)  Community and societal considerations, including those of any community in which offices or facilities of the sustainable business corporation or its subsidiaries or suppliers are located;

          (D)  The local and global environment;

          (E)  The short-term and long-term interests of the sustainable business corporation, including benefits that may accrue to the sustainable business corporation from its long-term plans and the possibility that these interests may be best served by the continued independence of the sustainable business corporation;

          (F)  The ability of the sustainable business corporation to accomplish its general public benefit purpose and any specific public benefit purpose;

          (G)  The resources, intent, and conduct of any person seeking to acquire control of the corporation; and

          (H)  Any other pertinent factors or the interests of any other group that they deem appropriate.

     (b)  A director shall not be personally liable for monetary damages for any action taken as a director if the director performed the duties of the director's office in compliance with the general standards of conduct pursuant to section 414-221. [L 2011, c 209, pt of §1]