293-B:1 Purpose. – The general court finds that the revitalization of the state’s economy and the development of business and investment in New Hampshire will be facilitated by making available a broad range of entities for investment enterprises. The statutory recognition of investment trusts, previously recognized only in common law, provides an alternative to […]
293-B:10 Existence of New Hampshire Investment Trust. – I. A New Hampshire investment trust shall exist as a separate legal entity. II. Except to the extent otherwise provided in the governing instrument of the New Hampshire investment trust, the New Hampshire investment trust shall have perpetual existence, and a New Hampshire investment trust may […]
293-B:11 Applicability of Trust Law. – Except to the extent otherwise provided in the governing instrument of a New Hampshire investment trust or in this chapter, the laws of this state pertaining to trusts are hereby made applicable to New Hampshire investment trusts. Source. 2010, 149:2, eff. June 14, 2010.
293-B:12 Certificate of Trust; Amendment; Cancellation; Restatement; Correction. – I. One original and one exact copy of a certificate of trust for a New Hampshire investment trust shall be executed and shall be delivered for filing to the secretary of state. The certificate of trust shall set forth: (a) The name of the New […]
293-B:13 Execution. – I. Each certificate required by this chapter to be delivered for filing to the secretary of state shall be executed in one original and one exact copy in the following manner: (a) A certificate of trust shall be signed by all of the trustees; (b) A certificate of amendment, a certificate […]
293-B:14 Filing. – I. One original and one exact copy of any certificate authorized to be filed with the secretary of state under this chapter shall be delivered to the secretary of state. Documents filed electronically need not be accompanied by an exact or conformed copy. Unless the secretary of state finds that any […]
293-B:15 Fees. – I. No documents required to be filed under this chapter shall be effective until the applicable fee required by this paragraph is paid. The secretary of state shall charge and collect the following fees: (a) A fee of $100 for filing a certificate of trust. (b) A fee of $70 for: […]
293-B:16 Collection of Fees; Administration. – I. The secretary of state shall collect all fees required under this chapter and shall pay them to the treasurer to be deposited in the general fund as unrestricted revenue, except as provided in paragraph II. II. The state treasurer shall pay the expense of administering this chapter […]
293-B:17 Use of Names Regulated. – I. (a) A New Hampshire investment trust name shall not contain language stating or implying that the New Hampshire investment trust is organized for a purpose other than that permitted by RSA 293-B:3 and its certificate of trust. (b) Except as authorized by subparagraphs (c) and (d), a […]
293-B:18 Merger and Consolidation. – I. Pursuant to an agreement of merger or consolidation, a New Hampshire investment trust may merge or consolidate with or into one or more New Hampshire investment trusts or other investment entities formed or organized or existing under the laws of any other state or the United States or […]
293-B:19 Derivative Actions. – I. A beneficial owner may bring an action in the right of a New Hampshire investment trust in the same state court of New Hampshire as derivative proceedings with respect to corporations under RSA 293-A:7.40 through RSA 293-A:7.47 to recover a judgment in its favor if trustees with authority to […]
293-B:2 Definitions. – As used in this chapter, unless the context otherwise requires: I. " Bank " means bank as such term is defined in RSA 383-A:2-201(a)(3) and refers to any bank engaging in business in this state. II. " Beneficial owner " means any owner of a beneficial interest in a New Hampshire […]
293-B:20 Indemnification. – I. Subject to such standards and restrictions, if any, as are set forth in the governing instrument of a New Hampshire investment trust, a New Hampshire investment trust shall have the power to indemnify and hold harmless any trustee or beneficial owner or other person from and against any and all […]
293-B:21 Treasury Interests. – Except to the extent otherwise provided in the governing instrument of a New Hampshire investment trust, a New Hampshire investment trust may acquire, by purchase, redemption, or otherwise, any beneficial interest in the New Hampshire investment trust held by a beneficial owner of the New Hampshire investment trust. Except to […]
293-B:22 Access to and Confidentiality of Information; Records. – I. Except to the extent otherwise provided in the governing instrument of a New Hampshire investment trust, each beneficial owner of a New Hampshire investment trust has the right, subject to such reasonable standards, including standards governing what information and documents are to be furnished […]
293-B:23 Conversion of Other Business Entities to a New Hampshire Investment Trust. – I. Any other business entity, including, without limitation, a statutory trust, a limited partnership, or a limited liability partnership, formed or organized or existing under the laws of this state or any other state or the United States or any foreign […]
293-B:24 Conversion of a New Hampshire Investment Trust. – I. Upon compliance with this section, a New Hampshire investment trust may convert to another business entity including, without limitation, a statutory trust, a limited partnership, or a limited liability partnership. II. If the governing instrument of the New Hampshire investment trust specifies the manner […]
293-B:25 Domestication of Non-United States Entities. – I. As used in this section, " non-United States entity " means a foreign investment trust other than one formed under the laws of a state, or a corporation, a limited liability company, a business trust or association, a statutory trust, a real estate investment trust, a […]
293-B:26 Transfer or Continuance of New Hampshire Investment Trusts. – I. Upon compliance with the provisions of this section, any New Hampshire investment trust may transfer to or domesticate in any jurisdiction, other than any state, and, in connection therewith, may elect to continue its existence as a New Hampshire investment trust in the […]
293-B:27 Applicability. – To the extent that any provision of any other chapter of the New Hampshire Revised Statutes Annotated conflicts with any provision in this chapter, the provisions in this chapter shall be controlling, with respect to a New Hampshire investment trust or other investment entity. Source. 2010, 149:2, eff. June 14, 2010.
