reglab/housing_qa huggingface dataset:
NH Rev Stat § 564-F:15-1503 (2021)
2021 New Hampshire Revised Statutes|Title LVI - Probate Courts and Decedents' Estates|Title 564-F - New Hampshire Foundation Act|Section 564-F:15-1503 - Rights of a Beneficiary's Creditors and Assignees.

    564-F:15-1503 Rights of a Beneficiary's Creditors and Assignees. –||(a) Subject to subsection (c), a court may authorize a beneficiary's creditor or assignee to reach the beneficiary's interest by attachment of present or future distributions to or for the benefit of the beneficiary.||(1) Attachment of distributions is the creditor's or assignee's exclusive remedy against the beneficiary's interest.||(2) The court may limit the relief under this subsection (a) as the court deems appropriate under the circumstances.||(b) Subject to subsection (c), a beneficiary's creditor or assignee may not compel the foundation to make a distribution to the beneficiary.||(c) A beneficiary's creditor or assignee may reach the beneficiary's interest to the extent that:||(1) Without the consent of any other person, the beneficiary has the power to appoint the foundation's property to:||(A) The beneficiary; or||(B) The beneficiary's creditors or assignees; or||(2) Upon the foundation's dissolution, the beneficiary would receive the foundation's property and, without the consent of any other person, the beneficiary has the power to dissolve the foundation or cause the foundation's dissolution.||(d) A beneficiary's creditor or assignee may not compel a beneficiary to exercise any right or power that, in any fiduciary or nonfiduciary capacity, the beneficiary has under the governing documents, including any of the following:||(1) Any power of appointment;||(2) Any power to dissolve the foundation or cause the foundation's dissolution;||(3) Any power to direct or veto a distribution;||(4) Any power to appoint or remove a foundation official; or||(5) Any right to receive reports, notices, or other information concerning the foundation and its administration.||(e) A beneficiary's interest shall not be assignable, except to the extent expressly permitted by the governing documents.||(f) A beneficiary's interest shall not be subject to any forced heirship, legitime, forced share, or any similar heirship rights under the laws of any jurisdiction.|||Source. 2017, 257:47, eff. Oct. 1, 2017. 2018, 210:15, eff. June 8, 2018.|
NH Rev Stat § 564-F:16-1601 (2021)
2021 New Hampshire Revised Statutes|Title LVI - Probate Courts and Decedents' Estates|Title 564-F - New Hampshire Foundation Act|Section 564-F:16-1601 - Role of Court in a Foundation's Affairs.

    564-F:16-1601 Role of Court in a Foundation's Affairs. –||(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.|||Source. 2017, 257:47, eff. Oct. 1, 2017.|
NH Rev Stat § 564-F:16-1602 (2021)
2021 New Hampshire Revised Statutes|Title LVI - Probate Courts and Decedents' Estates|Title 564-F - New Hampshire Foundation Act|Section 564-F:16-1602 - Jurisdiction over Foundation Officials and Beneficiaries.

    564-F:16-1602 Jurisdiction over Foundation Officials and Beneficiaries. –||(a) By accepting an appointment as a foundation official, a foundation official shall be subject to the personal jurisdiction of the courts of this state regarding any matter involving the foundation.||(b) With respect to the beneficiary's interest, a beneficiary shall be subject to the personal jurisdiction of the courts of this state regarding any matter involving the foundation.||(c) By accepting a distribution from a foundation, the recipient shall be subject to the personal jurisdiction of the courts of this state regarding any matter involving the foundation.||(d) This section does not preclude other methods of obtaining jurisdiction over a foundation official, beneficiary, or other person receiving property from the foundation.|||Source. 2017, 257:47, eff. Oct. 1, 2017.|
NH Rev Stat § 564-F:16-1603 (2021)
2021 New Hampshire Revised Statutes|Title LVI - Probate Courts and Decedents' Estates|Title 564-F - New Hampshire Foundation Act|Section 564-F:16-1603 - Subject-Matter Jurisdiction.

    564-F:16-1603 Subject-Matter Jurisdiction. –||The probate division of the circuit court shall have exclusive jurisdiction over:||(1) The formation, termination, and management of foundations;||(2) The interpretation, construction, and modification of governing documents; and||(3) The appointment, removal, and surcharge of foundation officials.|||Source. 2017, 257:47, eff. Oct. 1, 2017.|
NH Rev Stat § 564-F:16-1604 (2021)
2021 New Hampshire Revised Statutes|Title LVI - Probate Courts and Decedents' Estates|Title 564-F - New Hampshire Foundation Act|Section 564-F:16-1604 - Venue.

    564-F:16-1604 Venue. –||Venue for a judicial proceeding involving a foundation is in:||(1) The county of this state in which the foundation's principal office is located; or||(2) If the foundation does not have a principal office in this state, the county of this state in which the foundation's registered office is located.|||Source. 2017, 257:47, eff. Oct. 1, 2017.|
NH Rev Stat § 564-F:16-1605 (2021)
2021 New Hampshire Revised Statutes|Title LVI - Probate Courts and Decedents' Estates|Title 564-F - New Hampshire Foundation Act|Section 564-F:16-1605 - Confidential Information.

    564-F:16-1605 Confidential Information. –||(a) A communication between an attorney and a client that is a foundation or a foundation official is privileged and is protected from disclosure to the same extent as a communication between an attorney and a client who is an individual acting in his or her personal capacity.||(b) The privilege is not waived by:||(1) A fiduciary relationship between a foundation official and a beneficiary; or||(2) The use of the foundation's property to compensate the attorney for legal services rendered to the foundation or a foundation official.|||Source. 2017, 257:47, eff. Oct. 1, 2017.|
NH Rev Stat § 564-F:16-1606 (2021)
2021 New Hampshire Revised Statutes|Title LVI - Probate Courts and Decedents' Estates|Title 564-F - New Hampshire Foundation Act|Section 564-F:16-1606 - Nonjudicial Settlement Agreement.

    564-F:16-1606 Nonjudicial Settlement Agreement. –||(a) For purposes of this section, "interested person" means each of the following persons:||(1) A founder;||(2) A foundation official;||(3) A person who, under the governing documents, has the power to enforce the terms of the governing documents;||(4) If the trust is a charitable trust, the director of charitable trusts; and||(5) Any other person whose consent would be required in order to achieve a binding settlement if a court would approve the settlement.||(b) Subject to subsection (c), all of the interested persons may enter into a binding nonjudicial settlement agreement with respect to any matter involving a foundation.||(c) A nonjudicial settlement agreement is valid only to the extent that:||(1) It does not violate any of the foundation's material purpose; and||(2) It includes only terms and conditions that could be properly approved by a court under this chapter or other applicable law.||(d) Matters that may be resolved by a nonjudicial settlement agreement include:||(1) The interpretation or construction of the governing documents;||(2) The modification of the governing documents;||(3) The approval of a director's report or accounting;||(4) A direction to a foundation official to refrain from performing a particular act or the grant to a foundation official of any necessary or desirable power;||(5) A foundation official's appointment or resignation;||(6) The determination of a foundation official's compensation;||(7) A foundation official's liability for an action relating to the foundation; and||(8) The foundation's dissolution.||(e) Any interested person may commence a judicial proceeding requesting that the court:||(1) Approve a nonjudicial settlement agreement;||(2) Determine whether the representation under 564-F:14-1402 was adequate; and||(3) Determine whether the agreement contains terms and conditions the court could have properly approved.|||Source. 2017, 257:47, eff. Oct. 1, 2017. 2018, 210:16, eff. June 8, 2018.|
NH Rev Stat § 564-F:16-1607 (2021)
2021 New Hampshire Revised Statutes|Title LVI - Probate Courts and Decedents' Estates|Title 564-F - New Hampshire Foundation Act|Section 564-F:16-1607 - Nonjudicial Dispute Resolution.

    564-F:16-1607 Nonjudicial Dispute Resolution. –||(a) For purposes of this section, the following definitions shall apply:||(1) "Interested person" means any person who would be an interested person in a judicial proceeding to resolve a dispute.||(2) "Dispute" means any matter in which a court has subject-matter jurisdiction under 564-F:16-1603, excluding:||(A) The determination of the validity of the foundation's formation;||(B) The determination of the validity of a contribution by a founder to the foundation; and||(C) The determination of any of the foundation's material purposes, including a determination of whether any modification, dissolution, or other action is consistent with the foundation's material purposes.||(b) If the governing documents require the interested persons to resolve a dispute exclusively by reasonable nonjudicial procedures, then those interested persons shall resolve that dispute in accordance with the governing documents.||(c) An interested person may commence a judicial proceeding to determine whether the nonjudicial procedures are reasonable.||(d) To the extent that a provision of the governing documents purport to prohibit an interested person from commencing a judicial proceeding under subsection (c) or penalize an interested person for commencing a judicial proceeding under subsection (c), that provision is void.||(e) Unless the director of charitable trust expressly consents to the nonjudicial procedures, those procedures shall not apply to any matter in which the director of charitable trust would be an interested person.||(f) Unless the department of health and human services expressly consents to the nonjudicial procedures, those procedures shall not apply to any matter in which that department would be an interested person.|||Source. 2017, 257:47, eff. Oct. 1, 2017.|
NH Rev Stat § 564-F:17-1701 (2021)
2021 New Hampshire Revised Statutes|Title LVI - Probate Courts and Decedents' Estates|Title 564-F - New Hampshire Foundation Act|Section 564-F:17-1701 - Modification.

    564-F:17-1701 Modification. –||(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.|||Source. 2017, 257:47, eff. Oct. 1, 2017.|
NH Rev Stat § 564-F:17-1702 (2021)
2021 New Hampshire Revised Statutes|Title LVI - Probate Courts and Decedents' Estates|Title 564-F - New Hampshire Foundation Act|Section 564-F:17-1702 - Reformation.

    564-F:17-1702 Reformation. –||(a) A court may reform a foundation's certificate of formation or its bylaws for purposes of conforming the certificate of formation or the bylaws to the founder's intent if:||(1) Whether in the expression or inducement, the foundation's certificate of formation or its bylaws were affected by a mistake of fact, a mistake of law, or both a mistake of fact and a mistake of law; and||(2) The founder's intent is proven by clear and convincing evidence;||(3) The mistake is proven by clear and convincing evidence; and||(4) The reformation does not violate any of the foundation's material purposes.||(b) A court may reform a foundation's certificate of formation or its bylaws for purposes of achieving the founder's tax objectives if:||(1) The reformation is consistent with the founder's intent; and||(2) The reformation does not violate any of the foundation's material purposes.||(c) A reformation under this section may be retroactive or prospective.||(d) Any of the following persons may commence a judicial proceeding seeking reformation of a foundation's certificate of formation or its bylaws under this section:||(1) A founder;||(2) A foundation official;||(3) Unless the governing documents provide otherwise, a beneficiary; and||(4) To the extent that the foundation is a charitable trust, the director of charitable trusts.|||Source. 2017, 257:47, eff. Oct. 1, 2017.|
NH Rev Stat § 564-F:17-1703 (2021)
2021 New Hampshire Revised Statutes|Title LVI - Probate Courts and Decedents' Estates|Title 564-F - New Hampshire Foundation Act|Section 564-F:17-1703 - Cy Pres.

    564-F:17-1703 Cy Pres. –||(a) To the extent that a foundation is a charitable trust and one of its charitable purposes becomes impossible, impracticable, illegal, obsolete, ineffective, or prejudicial to the public interest to achieve, a court may apply cy pres for the following purposes:||(1) Modifying the foundation's certificate of formation or its bylaws; or||(2) Directing the foundation to apply or distribute some or all of its property to one or more charitable purposes that:||(A) Are useful to the community;||(B) Fulfills as nearly as possible the founder's charitable intent; and||(C) Do not violate any of the foundation's material purposes; or||(3) Terminating the foundation.||(b) Any of the following persons may commence a judicial proceeding seeking the application of cy pres to a foundation under this section:||(1) A foundation official;||(2) Unless the governing documents provide otherwise, a beneficiary; and||(3) The director of charitable trusts.|||Source. 2017, 257:47, eff. Oct. 1, 2017.|
NH Rev Stat § 564-F:18-1801 (2021)
2021 New Hampshire Revised Statutes|Title LVI - Probate Courts and Decedents' Estates|Title 564-F - New Hampshire Foundation Act|Section 564-F:18-1801 - Remedies for Breach of Duty.

    564-F:18-1801 Remedies for Breach of Duty. –||(a) For purposes of remedying a breach of duty that has occurred or may occur, the court may:||(1) Compel a foundation official to perform the foundation official's duties;||(2) Enjoin a foundation official from committing a breach of duty;||(3) Compel a foundation official to redress a breach of duty by paying money, restoring property, or other means;||(4) Order a foundation official to account;||(5) Appoint a special director to take possession of the foundation's property and administer the foundation;||(6) Suspend a foundation official;||(7) Remove a director under RSA 564-F:10-1007;||(8) Remove a protector under RSA 564-F:12-1207;||(9) Reduce or deny compensation to a foundation official;||(10) Void a foundation official's act;||(11) Impose a lien or a constructive trust on the foundation's property;||(12) Trace the foundation's property wrongfully disposed of and recover the property or its proceeds; or||(13) Order any other appropriate relief.|||Source. 2017, 257:47, eff. Oct. 1, 2017.|
NH Rev Stat § 564-F:18-1802 (2021)
2021 New Hampshire Revised Statutes|Title LVI - Probate Courts and Decedents' Estates|Title 564-F - New Hampshire Foundation Act|Section 564-F:18-1802 - Damages for Breach of Duty.

    564-F:18-1802 Damages for Breach of Duty. –||(a) A foundation official who commits a breach of duty is liable to the affected beneficiaries for the greater of:||(1) The amount required to restore the value of the foundation's property and distributions to what they would have been had the breach of duty not occurred; or||(2) the profit that the foundation official made by reason of the breach of duty.||(b) Except as otherwise provided in subsection (c) or (d), a foundation official is entitled to contribution from the other foundation officials to the extent permitted by RSA 507:7-f if more than one foundation official is liable to the beneficiaries for a breach of duty.||(c) A foundation official is not entitled to contribution if:||(1) The foundation official was substantially more at fault than another foundation officials; or||(2) The foundation official committed the breach of duty in bad faith or with reckless indifference to the foundation's purposes or the beneficiaries' interests.||(d) A foundation official who received a benefit from the breach of duty is not entitled to contribution from another foundation official to the extent of the benefit received.|||Source. 2017, 257:47, eff. Oct. 1, 2017.|
NH Rev Stat § 564-F:18-1803 (2021)
2021 New Hampshire Revised Statutes|Title LVI - Probate Courts and Decedents' Estates|Title 564-F - New Hampshire Foundation Act|Section 564-F:18-1803 - Damages in Absence of Breach of Duty.

    564-F:18-1803 Damages in Absence of Breach of Duty. –||(a) Even absent a breach of duty, a foundation official is accountable to an affected beneficiary for any profit made by the foundation official arising from the foundation's administration.||(b) Absent a breach of duty, a foundation official is not liable to a beneficiary for a loss or depreciation in the value of the foundation property or for not having made a profit.||(c) This section does not preclude the payment of reasonable compensation to a foundation official.|||Source. 2017, 257:47, eff. Oct. 1, 2017.|
NH Rev Stat § 564-F:18-1804 (2021)
2021 New Hampshire Revised Statutes|Title LVI - Probate Courts and Decedents' Estates|Title 564-F - New Hampshire Foundation Act|Section 564-F:18-1804 - Attorney's Fees and Costs.

    564-F:18-1804 Attorney's Fees and Costs. –||In a judicial proceeding involving a foundation's administration, the court may award costs and expenses as justice and equity may require, including reasonable attorney's fees, to any party, to be paid by another party or from the foundation that is the subject of the controversy.|||Source. 2017, 257:47, eff. Oct. 1, 2017.|
NH Rev Stat § 564-F:18-1805 (2021)
2021 New Hampshire Revised Statutes|Title LVI - Probate Courts and Decedents' Estates|Title 564-F - New Hampshire Foundation Act|Section 564-F:18-1805 - Limitation of Action Against a Foundation Official.

    564-F:18-1805 Limitation of Action Against a Foundation Official. –||(a) A judicial proceeding against a foundation official for breach of duty may be commenced only within the earliest of:||(1) In the case of a claim by a beneficiary, one year after the beneficiary was sent a report that adequately disclosed the existence of a potential claim for breach of duty;||(2) Except as provided in subsection (a)(3), 3 years after the earliest of:||(A) The foundation official's removal, resignation, or death;||(B) The termination of the beneficiary's interest;||(C) The foundation's dissolution or||(3) If the act or omission was not discovered and could not reasonably have been discovered at the time of the act or omission, one year after the earlier of:||(A) The discovery of the act or omission; or||(B) In the exercise of reasonable diligence, the date on which the act or omission should have been discovered.||(b) A report adequately discloses the existence of a potential claim for breach of duty if it provides sufficient information so that the beneficiary or the beneficiary's representative knows of the potential claim or should have inquired into its existence.||(c) The limitation periods under this section shall not be tolled for any reason, except by a court order or a written agreement between the foundation official and the beneficiary.|||Source. 2017, 257:47, eff. Oct. 1, 2017. 2018, 210:17, eff. June 8, 2018.|
NH Rev Stat § 564-F:18-1806 (2021)
2021 New Hampshire Revised Statutes|Title LVI - Probate Courts and Decedents' Estates|Title 564-F - New Hampshire Foundation Act|Section 564-F:18-1806 - Reliance on the Governing Documents.

    564-F:18-1806 Reliance on the Governing Documents. –||A foundation official who acts in reasonable reliance on the foundation's governing documents is not liable to any person for a breach of duty to the extent that the breach of duty resulted from that reliance.|||Source. 2017, 257:47, eff. Oct. 1, 2017.|
NH Rev Stat § 564-F:18-1807 (2021)
2021 New Hampshire Revised Statutes|Title LVI - Probate Courts and Decedents' Estates|Title 564-F - New Hampshire Foundation Act|Section 564-F:18-1807 - Event Affecting Administration or Distribution.

    564-F:18-1807 Event Affecting Administration or Distribution. –||(a) If the happening of an event affects the foundation's administration or a distribution from the foundation, then a foundation official who has exercised reasonable care to ascertain the happening of the event is not liable for a loss resulting from the foundation official's lack of knowledge.||(b) An event to which subsection (a) applies includes:||(1) Marriage;||(2) Divorce;||(3) The performance of educational requirements; or||(4) Death.|||Source. 2017, 257:47, eff. Oct. 1, 2017.|
NH Rev Stat § 564-F:18-1808 (2021)
2021 New Hampshire Revised Statutes|Title LVI - Probate Courts and Decedents' Estates|Title 564-F - New Hampshire Foundation Act|Section 564-F:18-1808 - Exculpation of a Foundation Official.

    564-F:18-1808 Exculpation of a Foundation Official. –||(a) Subject to subsection (b), a provision of the governing documents relieving a foundation official of liability for breach of duty is enforceable except to the extent that the provision relieves the foundation official of liability for a breach of duty for:||(1) Failing to act in good faith; or||(2) Acting with reckless indifference to the foundation's purposes or the beneficiaries' interests.||(b) A provision of the governing documents relieving a foundation official of liability for breach of duty is unenforceable if the provision was inserted as the result of an abuse by the foundation official of a fiduciary or confidential relationship to the founder.|||Source. 2017, 257:47, eff. Oct. 1, 2017.|