New Hampshire Revised Statutes 564-F:16-1601 – Role of Court in a Foundation’s Affairs
Current as of: 2023 | Check for updates
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(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 foundation may relate to any matter involving the foundation’s affairs, including:
(1) A request for instruction;
(2) Construction of the governing documents;
(3) A claim for breach of duty; or
(4) A request to declare rights.
(d) Each of the following persons may commence a judicial proceeding for the purpose of enforcing the provisions of the governing documents:
(1) A founder;
(2) A foundation official;
(3) A beneficiary; or
(4) In the case of a foundation that is a charitable trust, the director of charitable trusts.
(b) A foundation shall not be subject to continuing judicial supervision unless ordered by the court.
Terms Used In New Hampshire Revised Statutes 564-F:16-1601
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
(c) A judicial proceeding involving a foundation may relate to any matter involving the foundation’s affairs, including:
(1) A request for instruction;
(2) Construction of the governing documents;
(3) A claim for breach of duty; or
(4) A request to declare rights.
(d) Each of the following persons may commence a judicial proceeding for the purpose of enforcing the provisions of the governing documents:
(1) A founder;
(2) A foundation official;
(3) A beneficiary; or
(4) In the case of a foundation that is a charitable trust, the director of charitable trusts.