New Hampshire Revised Statutes 146-A:3-d – Limited Liability for Fiduciaries
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I. A fiduciary shall not be liable in its individual capacity under N.H. Rev. Stat. § 146-A:3-a.
II. Nothing in this section shall preclude claims under N.H. Rev. Stat. § 146-A:3-a against:
(a) A fiduciary in its representative capacity;
(b) The assets of the estate or trust administered by a fiduciary; or
(c) Non-employee agents or independent contractors retained by a fiduciary.
III. Nothing in this section shall preclude claims to recover costs under N.H. Rev. Stat. § 146-A:3-a against a fiduciary in its individual capacity whose negligent acts or omissions or intentional misconduct has caused the discharge or spillage of oil. A fiduciary shall not be attributed with the negligence or intentional misconduct of non-employee agents or independent contractors so long as the fiduciary has conducted itself without fault with regard to its relationship with such non-employee agents or independent contractors.
II. Nothing in this section shall preclude claims under N.H. Rev. Stat. § 146-A:3-a against:
Terms Used In New Hampshire Revised Statutes 146-A:3-d
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Fiduciary: A trustee, executor, or administrator.
(a) A fiduciary in its representative capacity;
(b) The assets of the estate or trust administered by a fiduciary; or
(c) Non-employee agents or independent contractors retained by a fiduciary.
III. Nothing in this section shall preclude claims to recover costs under N.H. Rev. Stat. § 146-A:3-a against a fiduciary in its individual capacity whose negligent acts or omissions or intentional misconduct has caused the discharge or spillage of oil. A fiduciary shall not be attributed with the negligence or intentional misconduct of non-employee agents or independent contractors so long as the fiduciary has conducted itself without fault with regard to its relationship with such non-employee agents or independent contractors.