New Hampshire Revised Statutes 564-F:17-1701 – Modification
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(a) A court may modify a foundation’s certificate of formation or its bylaws if:
(1) All of the foundation officials consent to the modification;
(2) All of the beneficiaries consent to the modification;
(3) To the extent that the foundation is a charitable trust, the director of charitable trusts consents to the modification; and
(4) The modification does not violate any of the foundation’s material purposes.
(b) A court may modify a foundation’s certificate of formation or its bylaws if:
(1) Due to circumstances that the founder did not anticipate, modification will further the foundation’s purposes;
(2) The modification is consistent with the founder’s probable intent; and
(3) The modification does not violate any of the foundation’s material purposes.
(c) A court may modify a foundation’s certificate of formation or its bylaws if:
(1) The foundation’s continuation would be impractical, wasteful, or impair the foundation’s administration;
(2) The modification is consistent with the founder’s intent; and
(3) The modification does not violate any of the foundation’s material purposes.
(d) Any of the following persons may commence a judicial proceeding seeking modification of a foundation’s certificate of formation or its bylaws under this section:
(1) A foundation official;
(2) Unless the governing documents provide otherwise, a beneficiary; or
(3) To the extent that the foundation is a charitable trust, the director of charitable trusts.
(1) All of the foundation officials consent to the modification;
Terms Used In New Hampshire Revised Statutes 564-F:17-1701
- 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
(2) All of the beneficiaries consent to the modification;
(3) To the extent that the foundation is a charitable trust, the director of charitable trusts consents to the modification; and
(4) The modification does not violate any of the foundation’s material purposes.
(b) A court may modify a foundation’s certificate of formation or its bylaws if:
(1) Due to circumstances that the founder did not anticipate, modification will further the foundation’s purposes;
(2) The modification is consistent with the founder’s probable intent; and
(3) The modification does not violate any of the foundation’s material purposes.
(c) A court may modify a foundation’s certificate of formation or its bylaws if:
(1) The foundation’s continuation would be impractical, wasteful, or impair the foundation’s administration;
(2) The modification is consistent with the founder’s intent; and
(3) The modification does not violate any of the foundation’s material purposes.
(d) Any of the following persons may commence a judicial proceeding seeking modification of a foundation’s certificate of formation or its bylaws under this section:
(1) A foundation official;
(2) Unless the governing documents provide otherwise, a beneficiary; or
(3) To the extent that the foundation is a charitable trust, the director of charitable trusts.