Section 564-F:16-1602 – Jurisdiction over Foundation Officials and Beneficiaries.
564-F:16-1602 Jurisdiction over Foundation Officials and Beneficiaries. – (a) By accepting an appointment as a foundation official, a foundation official shall be subject to the personal jurisdiction of the courts of this state regarding any matter involving the foundation. (b) With respect to the beneficiary’s interest, a beneficiary shall be subject to the personal […]
Section 564-F:16-1603 – Subject-Matter Jurisdiction.
564-F:16-1603 Subject-Matter Jurisdiction. – The probate division of the circuit court shall have exclusive jurisdiction over: (1) The formation, termination, and management of foundations; (2) The interpretation, construction, and modification of governing documents; and (3) The appointment, removal, and surcharge of foundation officials. Source. 2017, 257:47, eff. Oct. 1, 2017.
Section 564-F:16-1604 – Venue.
564-F:16-1604 Venue. – Venue for a judicial proceeding involving a foundation is in: (1) The county of this state in which the foundation’s principal office is located; or (2) If the foundation does not have a principal office in this state, the county of this state in which the foundation’s registered office is located. […]
Section 564-F:16-1605 – Confidential Information.
564-F:16-1605 Confidential Information. – (a) A communication between an attorney and a client that is a foundation or a foundation official is privileged and is protected from disclosure to the same extent as a communication between an attorney and a client who is an individual acting in his or her personal capacity. (b) The […]
Section 564-F:16-1606 – Nonjudicial Settlement Agreement.
564-F:16-1606 Nonjudicial Settlement Agreement. – (a) For purposes of this section, " interested person " means each of the following persons: (1) A founder; (2) A foundation official; (3) A person who, under the governing documents, has the power to enforce the terms of the governing documents; (4) If the trust is a charitable […]
Section 564-F:14-1404 – Enforcement of No-Contest Provision.
564-F:14-1404 Enforcement of No-Contest Provision. – (a) For the purposes of this section, a " no-contest provision " means a provision of the governing documents that, if given effect, would reduce or eliminate a beneficiary’s interest because the beneficiary directly or indirectly initiates or otherwise pursues: (1) Any judicial proceeding against the foundation or […]
Section 564-F:15-1501 – Liability of Foundation Officials and Beneficiaries to Third Parties.
564-F:15-1501 Liability of Foundation Officials and Beneficiaries to Third Parties. – (a) Subject to RSA 564-F:20-2007 and subsection (c), a foundation’s debts, obligations, and liabilities, whether arising in contract, tort, or otherwise, shall be solely the foundation’s debts, obligations, and liabilities. (b) Subject to RSA 564-F:20-2007 and subsection (c), a founder, foundation official, or […]
Section 564-F:12-1211 – Meetings.
564-F:12-1211 Meetings. – (a) The governing documents may set forth provisions relating to: (1) Notice of the time, place, or purpose of any meeting at which any matter is to be voted on by any protectors or class of protectors; (2) Waiver of any notice of a meeting; (3) Action by vote without a […]
Section 564-F:12-1212 – Actions by Consent.
564-F:12-1212 Actions by Consent. – Unless the governing documents provide otherwise, the protectors may take any vote without a meeting and without prior notice if the vote is recorded in a writing setting forth the action so taken and is signed by all of the protectors. Source. 2017, 257:47, eff. Oct. 1, 2017.
Section 564-F:13-1301 – Duty to Act in Good Faith.
564-F:13-1301 Duty to Act in Good Faith. – A protector has a duty to act in good faith, in accordance with the provisions of the governing documents, and in accordance with this chapter. Source. 2017, 257:47, eff. Oct. 1, 2017.