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N.H. Rev. Stat. Ann. § 564-F:20-2013

Judicial Dissolution

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 court may dissolve a foundation if:

(1) The foundation procured its certificate of formation through fraud, duress, or undue influence;

(2) The foundation's purposes are not lawful or are contrary to the public policy of this state;

(3) The foundation has exceeded or abused its lawful authority under this chapter;

(4) The foundation has carried on, conducted, or transacted its affairs in a persistently fraudulent or illegal manner; or

(5) The foundation has abused its power contrary to the public policy of this state.

(b) A court may dissolve a foundation if:

(1) All of the foundation officials consent to the termination;

(2) All of the beneficiaries consent to the termination;

(3) To the extent that the foundation is a charitable trust, the director of charitable trusts consents to the dissolution; and

(4) The dissolution does not violate any of the foundation's material purposes.

(c) A court may dissolve a foundation if:

(1) Because of circumstances that the founder did not anticipate, the dissolution will further the foundation's purposes; and

(2) The dissolution does not violate any of the foundation's material purposes.

(d) Any of the following persons may commence a judicial proceeding seeking the foundation's dissolution under this section:

(1) A foundation official;

(2) A beneficiary unless the governing documents prohibit the beneficiary from commencing a judicial proceeding seeking the foundation's dissolution;

(3) To the extent that the foundation is a charitable trust, the director of charitable trusts; and

(4) With respect to a dissolution under subsection (a), the attorney general.

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.