New Hampshire Revised Statutes 564-F:8-801 – General Powers
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(a) Unless the governing documents provide otherwise, a foundation shall have the power to do all things necessary or convenient to carry out its activities and internal affairs, including the capacity to sue and be sued in its own name.
(b) Subject to subsection (c), the validity of an action taken by a foundation may not be challenged on the ground that the foundation lacks or lacked power to act.
(c) A foundation’s power to act may be challenged:
(1) In a proceeding by any of the following persons against the foundation to enjoin the act:
(A) A founder;
(B) A foundation official;
(C) A beneficiary; or
(D) To the extent that the foundation is a charitable trust, the director of charitable trusts;
(2) In a proceeding by the foundation, directly, derivatively, or through a receiver, trustee, or other legal representative, against an incumbent or former foundation official, employee, or agent of the foundation; or
(3) In a proceeding by the attorney general under N.H. Rev. Stat. § 564-F:20-2013(a) to dissolve the foundation.
(d) In a judicial proceeding under subsection (c)(1), the court may:
(1) Enjoin or set aside the act if:
(A) It is equitable to do so; and
(B) All of the affected persons are parties to the proceeding; and
(2) Award damages for loss suffered by the foundation or another party because of enjoining the unauthorized act.
(b) Subject to subsection (c), the validity of an action taken by a foundation may not be challenged on the ground that the foundation lacks or lacked power to act.
Terms Used In New Hampshire Revised Statutes 564-F:8-801
- 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
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- 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
- Trustee: A person or institution holding and administering property in trust.
(c) A foundation’s power to act may be challenged:
(1) In a proceeding by any of the following persons against the foundation to enjoin the act:
(A) A founder;
(B) A foundation official;
(C) A beneficiary; or
(D) To the extent that the foundation is a charitable trust, the director of charitable trusts;
(2) In a proceeding by the foundation, directly, derivatively, or through a receiver, trustee, or other legal representative, against an incumbent or former foundation official, employee, or agent of the foundation; or
(3) In a proceeding by the attorney general under N.H. Rev. Stat. § 564-F:20-2013(a) to dissolve the foundation.
(d) In a judicial proceeding under subsection (c)(1), the court may:
(1) Enjoin or set aside the act if:
(A) It is equitable to do so; and
(B) All of the affected persons are parties to the proceeding; and
(2) Award damages for loss suffered by the foundation or another party because of enjoining the unauthorized act.