Pennsylvania Consolidated Statutes

15 Pa. Cons. Stat. § 1716 (2026)

 Alternative standard.

✓ current as of May 2026
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§ 1716.  Alternative standard.

(a)  General rule.--In discharging the duties of their respective positions, the board of directors, committees of the board and individual directors of a business corporation may, in considering the best interests of the corporation, consider the effects of any action upon employees, upon suppliers and customers of the corporation and upon communities in which offices or other establishments of the corporation are located, and all other pertinent factors. The consideration of those factors shall not constitute a violation of section 1712 (relating to standard of care, justifiable reliance and business judgment rule).

(b)  Presumption.--(Deleted by amendment).

(c)  Cross reference.--See section 1711 (relating to alternative provisions).

(Nov. 3, 2022, P.L.1791, No.122, eff. 60 days)

 

Cross References.  Section 1716 is referred to in sections 1711, 1712, 1717, 3321 of this title.

Notes of Decisions
Cited in 2 cases, 2011–2020 · leading case: Harold C. Lampe, Jr V., 665 F.3d 506 (3rd Cir. 2011).
Harold C. Lampe, Jr V., 665 F.3d 506 (3rd Cir. 2011). “See 15 Pa. Cons.Stat. Ann. § 1716(b) (West 2011) (“Absent breach of fiduciary duty, breach of good faith or self-dealing, actions taken as a director shall be presumed to be in the best interests of the corporation.”
Santander Bank, N.A. v. Express Sign Outlet (Pa. Super. Ct. 2020). · cites it 2× “____________________________________________ 1 The statutory provision at 15 Pa.C.S. § 1716 provides, as follows: § 1716.”
— 15 Pa. Cons. Stat. § 1716(b) — 2 cases
Harold C. Lampe, Jr V., 665 F.3d 506 (3rd Cir. 2011). “See 15 Pa. Cons.Stat. Ann. § 1716(b) (West 2011) (“Absent breach of fiduciary duty, breach of good faith or self-dealing, actions taken as a director shall be presumed to be in the best interests of the corporation.”
Santander Bank, N.A. v. Express Sign Outlet (Pa. Super. Ct. 2020). “____________________________________________ 1 The statutory provision at 15 Pa.C.S. § 1716 provides, as follows: § 1716.”
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