D.C. Code § 29-1301.05: Election of status.

(a)

An existing business corporation may become a benefit corporation under this chapter by amending its articles of incorporation so that they contain, in addition to the requirements of § 29-308.01, a statement that the corporation is a benefit corporation. To be effective, the amendment must be adopted by at least the minimum status vote.

(b)

(1)

This subsection applies if all of the following apply:

(A)

An entity that is not a benefit corporation is:

(i)

A party to a merger or consolidation; or

(ii)

The exchanging entity in a share exchange; and

(B)

The surviving, new, or resulting entity in the merger, consolidation, or share exchange is to be a benefit corporation.

(2)

To be effective, a plan of merger, consolidation or share exchange subject to this subsection must be adopted by at least the minimum status vote.