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This new economy becomes evident in different events such as: (i) the emergence of economic movements (such as Blue Economy, Circular Economy, Collaborative Economy, Economy for the Common Good and Green Economy) which promote a low-carbon economy by making an efficient use of resources and which are socially inclusive; (ii) the evolution from Shareholder Primacy or Shareholder Value –which was the basic postulate of corporate law– to Stakeholder Theory; (iii) the existence of new business models seeking for solutions to environmental and social problems; (iv) the wider spectrum of capital, which reflects in the growth of new types of investments: responsible, sustainable and impact-driven, consequently showing in the development of innovative financing instruments; and (v) the integration of environmental, social and governance (ESG) factors into organizations to preserve and escalate their business value.
With these new global demands and trends, companies are faced with the challenge of tackling various risks and opportunities when it comes to creating sustainable value. Because of their power, innovation, adaptive capacity and resilience (in many cases greater than what governments may have) companies are key actors to resort to market forces and find a solution to current social and environmental challenges.
With just under ten years left to reach the target date of the 2030 Agenda, it is time to get down to actual performance, delivering results, reporting, disclosing and providing evidence.
Innovation in legal business architecture is paramount for companies to respond, guarantee and escalate the positive impact they intend to produce.
Motivation of companies is changing. The emergence of new business models that add social and environmental purposes to their business activities indicate a rupture with the traditional statutory classification of “for profit” and “nonprofit” structures.
The purpose of this type of business is to produce profitable solutions to the problems of people and their planet.
At Keidos we accompany organizations in:
- Structuring impact business models: social enterprises, triple bottom line companies and hybrid forms.
- Elaborating and implementing strategies that protect and secure the impact of business.
- Designing strategies and planning partnerships in order to project the scalability of your business in coordination with different actors.
- Structuring impact associative contracts and inclusive businesses.
- Designing advantageous regulatory frameworks for the development of impact business models, social enterprises, triple bottom line companies and hybrid forms.
We need to mobilize capital and create tools to finance a better future. Sustainability must be the new standard for investing.
When we are faced with huge social or environmental challenges, we must adjust our investment approach to tackle them. Globally speaking, there is a strong increase in the capital targeted at responsible investments, sustainable financing and impact investing.
Mobilizing and managing private and public capital flows is one of the most significant challenges to solve social and environmental problems in order to attain Sustainable Development Goals . It is also one of the greatest opportunities.
At Keidos we accompany organizations in:
- Structuring sustainable finance, investments and impact funds.
- Preparing and advising companies so that they can receive impact investments.
- Conducting due diligence with a focus on ESG and impact issues.
- Designing frameworks for the issuance of green, social and sustainable bonds, and/or SDG bonds.
- Designing advantageous regulatory frameworks for the promotion and development of sustainable finance and impact investing.
A deeply consolidated strategy regarding ESG factors may create and preserve measurable value.
Governance plays a strategic part due to its cross-sectional and catalyzing scope within an organization. With new demands and global trends, its role is fundamental in the creation of sustainable value.
Environmental, social and governance (ESG) factors are a set of material aspects that affect the performance and creation of long-term value of companies. As the definition of values gets broader, the integration of ESG factors, along with their measurement and report, proves vital to preserve and escalate the value of business activities.
ESG factors provide governance with a holistic vision of an organization by facilitating an approach of the whole spectrum of business risks and opportunities.
At Keidos we accompany organizations in:
- Designing, structuring and strengthening their Corporate Governance for the integration of ESG factors into the decision-making process.
- Providing governance and management with training programmes on ESG factors.
- Designing, developing and implementing ESG strategies.
- Reporting and disclosure of ESG factors.
- Elaborating ESG policies and integral programmes.
- Conducting ESG due diligence.
- Developing regulatory frameworks embracing ESG factors for their incorporation into the decision-making process and management of organizations and investments.
From this area of practice our aim is to contribute to the viability of your company in the long term. We will make our best efforts for you to jump from prevention to proactivity.
A sustainable value chain calls for a multidimensional approach and a focus centred on pro-activity, aimed at effectively managing negative and positive impacts. It is necessary to shift from the traditional focus that is centred on internal risks of an organization (financing, operational, market, reputational) onto a risk approach oriented towards the outside (stakeholders linked to the business activities ), thus integrating both internal and external risks.
At Keidos we accompany organizations in:
- Identifying impacts and legal risks of the value chain.
- Mapping opportunities in the value chain. “Know your value chain”. Analysis of the spheres of influence.
- Implementing due diligence processes in the value chain.
- Incorporating contractual sustainability clauses and environmental and social impact criteria in the procurement cycle.
- Developing a comprehensive plan of sustainable procurement.
- Elaborating policies of sustainable integrity.
We support transformation of social organizations due to their capacity for innovation and to provide creative and impact solutions for a better future.
Today development and strengthening of social organizations pose several challenges: scarce resources, lack of adequate regulatory frameworks, difficulties in obtaining current tax benefits, among others. Philanthropy is no longer the only path leading to long-term solutions to a social problem.
In this sense, a number of social organizations undergo transformation and diversification processes to create their own income through the exchange of goods and services, to be self-sustaining and ensure accomplishment of their purposes. This transformation process requires a shift from a statutory non-profit form onto a legal structure that protects their social purpose, enables an economic goal as well as the possibility of profit distribution.
At Keidos we accompany social organizations in:
- Mapping their assets, considering their transformation in terms of structure, governance and analysing the adoption of the suitable legal form or structure for the sustainability of their mission.
- Adopting the most appropriate legal form or structure for the promotion and fulfilment of their purposes.
- Enhancing their business model of social impact.
- Preparation to receive and manage financing through impact investing.
Integrating environmental and social criteria into purchases does not necessarily mean a higher cost, but a change in perspective that will result in actual saving and efficient use of resources.
At present States are required to consider public procurement as a means of sustainable development. Across Latin America state procurement amounts on average to 15% of government expenditure and about 8% of the GDP. This creates a great opportunity for the development of new production models as well as social and environmental impact markets.
Sustainable public procurement involves integrating environmental and social criteria into state management processes, thus maximizing value for money on the basis of an analysis of the procurement cycle. Sustainable public procurement also gives States an opportunity to boost their public image and legitimacy by showing responsible governance and a way of attaining management goals.
In this context it proves crucial for States –whether Federal, Provincial or Municipal– to have abilities and tools to design a strategy for obtaining goods and services resulting in the benefit of society and the planet.
At Keidos we accompany governmental agencies in:
- Preparing standardized bidding documents for goods/services.
- Developing rules for the promotion of sustainable public procurement.
- Designing badges and other symbols for identifying organizations that comply with certain social and/or environmental standards.
- Training government employees and state agents on how to include appropriate criteria for environmental and social impact in the sustainable public procurement cycle.
- Developing programmes for estate agencies interested in a sustainable public procurement cycle from a comprehensive and strategic approach.
The scheme for payment by results contracts leaves behind traditional mechanisms between governments and the private sector, since it provides alternative solutions to complex problems by efficiently using public resources.
Payment by Results scheme is a financing mechanism to solve various complex social and environmental problems. The focus is set on obtaining tangible and verifiable results, and payment only occurs if they are accomplished. It helps optimizing and innovating in the design of public policies, while promoting cooperation between the public and private sector.
To develop this innovative tool, we work jointly with ACRUX Partners in:
- Structuring and implementing mechanisms of payment by results in Latin America; and
- Raising awareness and training market actors on this tool.