Title LVI, Probate Courts and Decedents' Estates

(a) A foundation shall have at least one director. (b) Subject to subsection (a), the number of directors may be increased or decreased: (1) In accordance with the provisions of the governing documents governing the method for increasing or decreasing the number of directors; or …

(a) A foundation may have one or more classes of directors. (b) Each class of directors shall have the duties and powers assigned to that class under the governing documents.

(a) The initial directors shall be appointed by: (1) The organizers; or (2) The founder. (b) After the appointment of the initial directors, any additional or successor director shall be appointed: (1) In accordance with the provisions of the governing documents governing the app…

(a) A director may resign at any time by delivering written notice of the resignation to: (1) The other directors; and (2) The persons who have the power to appoint a successor director. (b) A resignation is effective upon the delivery of the notice of resignation, unless that no…

(a) A director may be removed in accordance with the governing documents. (b) The court may remove a director if: (1) The director has committed a serious breach of duty; (2) Lack of cooperation among the directors substantially impairs the management of the foundation's affairs;…

(a) Unless the governing documents provide otherwise, the directors may: (1) Establish one or more committees; (2) Appoint one or more directors as members of a committee; (3) Remove one or more members of a committee; and (4) Terminate any committee. (b) To the extent specified …

(a) Unless the governing documents provide otherwise, the directors may delegate to any one or more persons any duty or power that prudent directors of comparable skills and having the same power or duty could properly delegate under the circumstances. (b) The directors may deleg…

(a) Unless the governing documents provides otherwise, each director shall have one vote on each matter on which the directors may vote. (b) Unless the governing documents provide otherwise, each matter on which the directors may vote shall be decided by vote of a majority of the…

(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 directors or class of directors; (2) Waiver of any notice of a meeting; (3) Action by vote without a meeting; (4…

Unless the governing documents provide otherwise, the directors 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 directors.

A director has a duty to manage the foundation and its property in good faith, in accordance with the terms of the governing documents, and in accordance with this chapter.

(a) Unless the governing documents provide otherwise, a director has a duty to manage the foundation and its property solely in the interests of the foundation's purposes and the beneficiaries' interests. (b) A transaction not concerning the foundation or its property in which a …

Unless the governing documents provide otherwise, if a foundation has two or more beneficiaries, then a director has a duty to act impartially in managing the foundation, its affairs, and its property, giving due regard to the foundation's purposes and the beneficiaries' interest…

(a) Unless the governing documents provide otherwise, a director has a duty to manage the foundation, its affairs, and its property as a prudent person would manage the foundation, its affairs, and its property. (b) In satisfying the standard under subsection (a), a director shal…

(a) Unless the governing documents provide otherwise, a director has a duty to take reasonable steps to control and protect the foundation's property. (b) Under subsection (a), a director's duty includes: (1) Enforcing the claims of the foundation; (2) Defending claims against th…

Unless the governing documents provide otherwise, a director shall keep adequate records of the foundation, the management of its property, and the management of its affairs.

Unless the governing documents provide otherwise, a director has a duty to keep each qualified beneficiary reasonably informed about the foundation, the management of the foundation's affairs and property, and all material facts necessary for the beneficiary to protect the benefi…

(a) Unless the governing documents provide otherwise, a director who has special skills or expertise shall use those special skills or expertise. (b) Unless the governing documents provide otherwise, a director who is appointed as a director in reliance upon the director's repres…

(a) A foundation may have one or more protectors. (b) A protector shall have any duties and powers set forth in the governing documents. (c) Unless the governing documents provide otherwise, a protector shall have the power to commence a judicial proceeding for the purposes of: (…

(a) The governing documents may prescribe qualifications for protectors. (b) Unless the governing documents provide otherwise, a protector may be: (1) An individual or an entity; and (2) A resident of any jurisdiction and need not be a resident of this state.

(a) Unless the governing documents provide otherwise, a foundation may have one or more protectors. (b) The number of protectors may be increased or decreased: (1) In accordance with the provisions of the governing documents governing the method for increasing or decreasing the n…

(a) A foundation may have one or more classes of protectors. (b) Each class of protectors shall have the duties and powers assigned to that class under the governing documents.

(a) The initial protectors may be appointed by: (1) The organizers; or (2) The founder. (b) After the appointment of the initial protectors, any additional or successor protector shall be appointed: (1) In accordance with the provisions of the governing documents governing the ap…

(a) Unless the governing documents provide otherwise, a protector may resign at any time by delivering written notice of the resignation to: (1) Each of the other protectors; and (2) The persons who have the power to appoint a successor protector. (b) A protector's resignation is…

(a) A protector may be removed in accordance with the governing documents. (b) The court may remove a protector if: (1) The protector has committed a serious breach of duty; (2) Lack of cooperation among the protectors substantially impairs the performance of the protector's duti…

(a) Unless the governing documents provide otherwise, the protectors may: (1) Establish one or more committees; (2) Appoint one or more protectors as members of a committee; (3) Remove one or more members of a committee; and (4) Terminate any committee. (b) To the extent specifie…

(a) Unless the governing documents provide otherwise, the protectors may delegate to any one or more persons any duty or power that prudent protectors of comparable skills and having the same power or duty could properly delegate under the circumstances. (b) The protectors may de…

(a) Unless the governing documents provide otherwise, each protector shall have one vote on each matter on which the protectors may vote. (b) Unless the governing documents provide otherwise, each matter on which the protectors may vote shall be decided by vote of a majority of t…

(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 meeting; …

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.

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.

(a) Unless the governing documents provide otherwise, a protector has a duty to exercise his, her, or its powers solely in the interests of the foundation's purposes and the beneficiaries' interests. (b) Unless the governing documents provide otherwise, a transaction not concerni…

Unless the governing documents provide otherwise, if a foundation has two or more beneficiaries, then the protector has a duty to act impartially in exercising his, her, or its powers, giving due regard to the foundation's purposes and the beneficiaries' interests.

Unless the governing documents provide otherwise, a protector shall keep adequate records of the protector's acts as a protector.

(a) Unless the governing documents provide otherwise, a protector who has special skills or expertise shall use those special skills or expertise. (b) Unless the governing documents provide otherwise, a protector who is appointed as a protector in reliance upon the protector's re…

(a) Subject to subsection (b), a beneficiary's interest is a mere expectancy and is not a property interest or an enforceable right. (b) A beneficiary's interest is a property interest to the extent that: (1) The beneficiary has a currently exercisable power to appoint the founda…

(a) Subject to subsections (b) and (c), the following shall apply: (1) A conservator may represent and bind the conservatee. (2) The following person may represent and bind an incompetent individual: (A) A guardian of the incompetent individual's estate; or (B) A guardian of the …

A person who receives a distribution from a foundation is liable to return the distribution to the extent that a court subsequently determines that the person was not entitled to the distribution.

(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 pr…

(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 f…

(a) A transfer of property by a founder to the foundation shall not be void or voidable solely by reason that the transfer defeats any forced heirship, legitime, forced share, or any similar heirship right under the laws of a foreign jurisdiction. (b) The foundation property shal…

(a) Subject to subsection (c), a court may authorize a beneficiary's creditor or assignee to reach the beneficiary's interest by attachment of present or future distributions to or for the benefit of the beneficiary. (1) Attachment of distributions is the creditor's or assignee's…

(a) The court may intervene in a foundation's affairs to the extent its jurisdiction is invoked by an interested person or as provided by law. (b) A foundation shall not be subject to continuing judicial supervision unless ordered by the court. (c) A judicial proceeding involving…

(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 …

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 found…