Title LVI, Probate Courts and Decedents' Estates

(a) Each foundation and each registered foreign foundation shall file with the secretary of state an annual report. (b) In the case of a foundation, an annual report shall set forth: (1) The foundation's name; (2) The address of the foundation's principal office; (3) The foundati…

(a) Subject to subsection (b), a foundation or foreign foundation may correct a document described in subsection (c) by filing with the secretary of state a certificate of correction. (b) A foundation or foreign foundation may file a certificate of correction only within one year…

(a) A person commits an offense by: (1) Filing with the secretary of state a document that the person knows is false in any material respect; or (2) Signing a document that the person knows is false in any material respect with intent that the document be delivered to the secreta…

(a) The secretary of state shall collect all fees required under this chapter and, subject to subsection (b), shall pay those fees to the state treasurer to be deposited in the general fund as unrestricted revenue. (b) The state treasurer shall pay amounts to the secretary of sta…

(a) The secretary of state shall collect the following fees for: (1) Certificate of formation$100 (2) Certificate of amendment$35 (3) Restated certificate of formation$35 (4) Application to reserve name$15 (5) Notice of transfer of reserved name$15 (6) Notice of change of registe…

With respect to a foundation that is a charitable trust, this chapter shall not limit the authority of the director of charitable trusts as otherwise provided by statute or common law.

This chapter shall not limit the authority of the department of health and human services as otherwise provided by statute or common law.

If any provision of this chapter or its application to any person or circumstance is held invalid, then the invalidity shall not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application. To that end, the provisi…

(a) One or more persons may act as the organizers of a foundation by filing with the secretary of state the foundation's certificate of formation. (b) The foundation's certificate of formation shall set forth: (1) The foundation's name; (2) The name of the foundation's initial re…

(a) Unless the certificate of formation specifies a delayed effective time and date in accordance with RSA 564-F:3-301(c)(3) and (d), the foundation's existence begins upon the filing of its certificate of formation with the secretary of state. (b) The secretary of state's accept…

A foundation is a legal entity separate from each of its founders, foundation officials, and beneficiaries.

All persons who purport to act as or on behalf of a foundation while knowing that a foundation had not been formed under this chapter are jointly and severally liable for all liabilities created while acting in that manner.

(a) Unless the governing documents provide otherwise, the founder or the directors may amend a foundation's certificate of formation by filing with the secretary of state a certificate of amendment. (b) The certificate of amendment shall set forth: (1) The foundation's name; and …

(a) Unless the governing documents provide otherwise, the founder or the directors may restate the foundation's certificate of formation by filing with the secretary of state a restated certificate of formation. (b) The restated certificate of formation shall set forth: (1) The f…

(a) A foundation's name shall contain the word "foundation," "stichting," or the abbreviation "fnd." or "stak." (b) A foundation's name shall not contain language stating or implying that the foundation is organized for a purpose other than that permitted by this chapter and the …

(a) A person may reserve the exclusive use of a foundation's name by filing with the secretary of state an application to reserve the name. (b) The application shall set forth: (1) The applicant's name; (2) The applicant's address; and (3) The name that the applicant is applying …

(a) Each foundation shall continuously maintain a registered agent in this state. (b) Each of the following persons qualifies as a registered agent: (1) An individual who: (A) Resides in this state; and (B) Has a residential or business office that is identical with the registere…

(a) Each foundation shall continuously maintain in this state a registered office. (b) A foundation's registered office may be the same as any of its offices in this state.

(a) A foundation may change its registered agent by filing with the secretary of state a notice of change of registered agent. (b) The notice of change of registered agent shall set forth: (1) The foundation's name; (2) The street address of its current registered office; (3) The…

(a) A foundation's registered agent may resign as registered agent by filing with the secretary of state a notice of resignation. (b) The notice of resignation shall set forth: (1) The foundation's name; and (2) The registered agent's name. (c) The notice of resignation may inclu…

(a) If a registered agent changes its address to another place in this state, then it may change the address of the registered office of any foundation for which it is a registered agent by filing with the secretary of state a notice of change of address. (b) The notice of change…

(a) A foundation may change its registered office by filing with the secretary of state a notice of change of registered office. (b) The notice of change of registered office shall set forth: (1) The foundation's name; (2) The street address of the foundation's current registered…

(a) A foundation's registered agent is the foundation's agent for service of process, notice, or demand required or permitted by law to be served on the foundation. (b) A foundation may be served by registered mail or certified mail if: (1) The foundation does not have a register…

(a) A foundation shall have one or more purposes. (b) Each of the purposes shall be: (1) Lawful; (2) Not contrary to public policy; and (3) Possible to achieve. (c) A foundation's purposes may include any charitable purpose and any noncharitable purpose.

(a) The founder, organizers, or initial directors shall adopt the foundation's initial bylaws. (b) The foundation's bylaws shall set forth each of the foundation's purposes. (c) Except to the extent that it is inconsistent with the certificate of formation, this chapter, or any o…

(a) The founder may reserve any one or more powers, rights, and interests, including any of the following: (1) The power to amend or restate the foundation's certificate of formation; (2) The power to amend, restate, or revoke the foundation's bylaws; (3) The power to appoint any…

Unless the governing documents provide otherwise, the following persons may revoke, amend, or restate the bylaws: (a) The founder; or (b) The board of directors.

(a) Unless the governing documents provide otherwise, a foundation shall have the power to do all things necessary or convenient to carry out its activities and internal affairs, including the capacity to sue and be sued in its own name. (b) Subject to subsection (c), the validit…

(a) A foundation shall have trust powers to the extent that it: (1) Does not transact business with the general public; (2) Is a family trust company as defined in RSA 383-A:2-201(a)(26); or (3) Is a foreign family trust company that is authorized to engage in trust business in t…

(a) Any property may be contributed to a foundation's capital. (b) After the initial contribution to a foundation's capital, additional contributions to a foundation's capital shall be made as follows: (1) An additional contribution shall be made in substantial compliance with th…