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N.H. Rev. Stat. Ann. § 564-F:13-1302

Duty of Loyalty

Known as the New Hampshire Foundation Act

The act spans §§ 564-F:10-1001 to 564-F:9-901 (134 sections).

Source. 2017, 257:47, eff

(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 concerning the foundation or its property in which a protector engages in the protector's personal capacity or a person affiliated, related, or similarly associated with the protector engages does not violate the protector's duty under subsection (a) to the extent that:

(1) The protector discloses the transaction to the other protectors reasonably in advance of the transaction; and

(2) The transaction is fair to the foundation.

(c) A transaction not concerning a foundation's property in which a protector engages in the protector's personal capacity involves a conflict between personal and fiduciary interests if the transaction concerns an opportunity properly belonging to the foundation.

Official source: New Hampshire General Court. Reproduced from public-domain New Hampshire statutes; confirm against the official source for the current text. Not legal advice.