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N.H. Rev. Stat. Ann. § 564-F:18-1802

Damages for Breach of Duty

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) A foundation official who commits a breach of duty is liable to the affected beneficiaries for the greater of:

(1) The amount required to restore the value of the foundation's property and distributions to what they would have been had the breach of duty not occurred; or

(2) the profit that the foundation official made by reason of the breach of duty.

(b) Except as otherwise provided in subsection (c) or (d), a foundation official is entitled to contribution from the other foundation officials to the extent permitted by RSA 507:7-f if more than one foundation official is liable to the beneficiaries for a breach of duty.

(c) A foundation official is not entitled to contribution if:

(1) The foundation official was substantially more at fault than another foundation officials; or

(2) The foundation official committed the breach of duty in bad faith or with reckless indifference to the foundation's purposes or the beneficiaries' interests.

(d) A foundation official who received a benefit from the breach of duty is not entitled to contribution from another foundation official to the extent of the benefit received.

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.