reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 564-F - New Hampshire Foundation Act › Section 564-F:21-2106 - Effect of Engaging in Registrable Activities Without Registration.

564-F:21-2106 Effect of Engaging in Registrable Activities Without Registration. –
(a) A foreign foundation engaging in a registrable activity in this state may not maintain any judicial proceeding in this state until it has registered and has paid all fees for the period during which it engaged in registrable activities in this state while unregistered.
(b) A foreign foundation's failure to register does not:
(1) Impair the validity of any of the foreign foundation's acts;
(2) Impair the validity of any contract to which the foreign foundation is a party;
(3) Impair the rights of any other party to a contract to which the foreign foundation also is a party, including the right to maintain a judicial proceeding regarding any matter involving the contract; or
(4) Prevent the foreign foundation from defending any judicial proceeding in any court in this state.
(c) A foreign foundation's directors, officers, managers, other officeholders, employees, and agents are not liable for the foreign foundation's obligations solely by reason of the foreign foundation having engaged in registrable activities in this state without registration.
(d) A foreign foundation engaging in a registrable activity shall be liable to the state for the years or parts of the year during which it engaged in registrable activities in this state without registration in an amount equal to:
(1) All fees that would have been imposed under this chapter on that foreign foundation had it duly registered; and
(2) All penalties imposed by this chapter.
(e) The attorney general may commence judicial proceedings to recover all amounts due to this state under this section.
Source.
2017, 257:47, eff. Oct. 1, 2017.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 564-F - New Hampshire Foundation Act › Section 564-F:21-2107 - Registered Agent.

564-F:21-2107 Registered Agent. –
(a) Each foreign foundation shall continuously maintain a registered agent in this state.
(b) A registered agent may be any of the persons described in RSA 564-F:5-501(b).
Source.
2017, 257:47, eff. Oct. 1, 2017.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 564-F - New Hampshire Foundation Act › Section 564-F:21-2108 - Registered Office.

564-F:21-2108 Registered Office. –
(a) Each foreign foundation shall continuously maintain in this state a registered office.
(b) A foreign foundation's registered office may be the same as any of its offices in this state.
Source.
2017, 257:47, eff. Oct. 1, 2017.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 564-F - New Hampshire Foundation Act › Section 564-F:21-2109 - Change of the Registered Agent.

564-F:21-2109 Change of the Registered Agent. –
(a) A foreign foundation may change its registered agent by filing with the secretary of state a notice of change of registered agent.
(b) The notice of change of registered agent shall set forth the information described in RSA 564-F:5-504(b).
(c) For purposes of subsection (b), the foreign foundation's name is the name under which the foreign foundation registered in accordance with RSA 564-F:4-401.
Source.
2017, 257:47, eff. Oct. 1, 2017.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 564-F - New Hampshire Foundation Act › Section 564-F:21-2110 - Resignation of the Registered Agent.

564-F:21-2110 Resignation of the Registered Agent. –
(a) A foreign foundation's registered agent may resign as registered agent by filing with the secretary of state a notice of resignation.
(b) The notice of resignation may include a statement that the foreign foundation's registered office in this state is discontinued.
(c) The secretary of state shall send a copy of the notice of registration to the foreign foundation at the foreign foundation's principal office.
(d) The registered agent's appointment shall terminate on the earlier of:
(1) Thirty-one days after the filing of the notice of resignation with the secretary of state; or
(2) The date of the appointment of a successor registered agent.
Source.
2017, 257:47, eff. Oct. 1, 2017.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 564-F - New Hampshire Foundation Act › Section 564-F:21-2111 - Registered Agent's Change of Address.

564-F:21-2111 Registered Agent's Change of Address. –
If a registered agent changes its address to another place in this state, then the registered agent may change the address of the registered office of any foreign foundation for which it is a registered agent by filing a statement in accordance with RSA 564-F:5-504.
Source.
2017, 257:47, eff. Oct. 1, 2017.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 564-F - New Hampshire Foundation Act › Section 564-F:21-2112 - Change of the Registered Office.

564-F:21-2112 Change of the Registered Office. –
(a) A foreign foundation may change its registered office by filing with the secretary of state a notice of change of registered office.
(b) The notice of change of registered office shall set forth the information described in RSA 564-F:5-505(b).
(c) For purposes of subsection (b), the foreign foundation's name is the name under which the foreign foundation registered in accordance with RSA 564-F:4-401.
Source.
2017, 257:47, eff. Oct. 1, 2017.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 564-F - New Hampshire Foundation Act › Section 564-F:21-2113 - Service on a Foundation.

564-F:21-2113 Service on a Foundation. –
(a) A foreign foundation's registered agent is the foundation's agent for service of process, notice, or demand required or permitted by law to be served on the foreign foundation.
(b) A foreign foundation may be served by registered mail or certified mail, return receipt requested, addressed to the foreign foundation at its principal office if:
(1) The foreign foundation does not have a registered agent; or
(2) With reasonable due diligence, the foreign foundation's registered agent cannot be served.
(c) Service is perfected under subsection (b) at the earliest of:
(1) The date the foreign foundation receives the documents sent by registered mail or certified mail;
(2) The date shown on the return receipt if the return receipt is signed on the foreign foundation's behalf; or
(3) Five days after the documents are deposited in the United States Postal Service for mailing by registered mail or certified mail, as evidenced by the postmark.
(d) This section does not preclude other means of serving a foreign foundation.
Source.
2017, 257:47, eff. Oct. 1, 2017.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 564-F - New Hampshire Foundation Act › Section 564-F:21-2114 - Voluntary Cancellations of Registration.

564-F:21-2114 Voluntary Cancellations of Registration. –
(a) A registered foreign foundation may cancel its registration by filing with the secretary of state a certificate of cancellation.
(b) The certificate of cancellation shall set forth:
(1) The foreign foundation's name;
(2) The name of the jurisdiction in which the foundation is organized;
(3) A statement that the foreign foundation is not engaging in any registrable activity in this state;
(4) A statement that the foreign foundation revokes the authority of its registered agent to accept service on the foreign foundation's behalf;
(5) A statement that the foreign foundation discontinues its registered office;
(6) A statement that the foreign foundation appoints the secretary of state as its agent for service of process in any proceeding based on a cause of action arising while the foreign foundation was registered in this state;
(7) A mailing address to which the secretary of state may mail a copy of any process served on the secretary of state under subsection (b)(6); and
(8) A statement by which the foreign foundation commits to notify the secretary of state in the future of any change in its mailing address.
(c) The cancellation of the foreign foundation's registration is effective upon filing the certificate of cancellation.
(d) After the cancellation of the foreign foundation's registration is effective, service of process on the secretary of state under this section is service on the foreign corporation.
(e) Upon receipt of service on a foreign foundation under this section, the secretary of state shall mail a copy of the service of process to the foreign corporation at the mailing address set forth under subsection (b)(7) or updated in accordance with subsection (b)(8).
Source.
2017, 257:47, eff. Oct. 1, 2017.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 564-F - New Hampshire Foundation Act › Section 564-F:21-2115 - Automatic Cancellation upon Certain Mergers.

564-F:21-2115 Automatic Cancellation upon Certain Mergers. –
Upon merging into a foundation, a foreign foundation's registration automatically is cancelled effective upon the filing of the certificate of merger.
Source.
2017, 257:47, eff. Oct. 1, 2017.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 564-F - New Hampshire Foundation Act › Section 564-F:21-2116 - Administrative Cancellation.

564-F:21-2116 Administrative Cancellation. –
(a) The secretary of state may administratively cancel a foreign foundation's registration if:
(1) For 2 consecutive years, the foreign foundation does not pay the annual fee, late filing fee, or any penalty imposed by this chapter or other law within 60 days after the fee or penalty is due;
(2) For 2 consecutive years, the foreign foundation does not file its annual report with the secretary of state within 60 days after the annual report is due;
(3) For a period of 60 days or more, the foreign foundation does not have a registered agent or a registered office;
(4) Within 60 days any of the following events, the foreign foundation fails to file with the secretary of state the requisite notice of the event:
(A) A change of its registered agent;
(B) A change of its registered office;
(C) A registered agent's resignation; or
(D) The discontinuance of its registered office.
(5) The period of foreign foundation's duration stated in its certificate of registration expires.
(6) The foreign foundation files with the secretary of state any report or other document that:
(A) Is required or permitted to be filed under this chapter;
(B) Contains a misrepresentation of any material matter; or
(7) The secretary of state receives a duly authenticated certificate from the secretary of state or other official having custody of the foundation's records in the jurisdiction in which the foreign foundation is organized stating that the foreign foundation has been dissolved or has ceased to exist as the result of a merger.
(b) The secretary of state may administratively dissolve a foreign foundation under subsection (a) by sending the following documents to the foreign foundation at the foreign foundation's principal office:
(1) A notice of dissolution; and
(2) An application for reinstatement.
(c) The notice of dissolution shall set forth:
(1) The grounds for dissolution; and
(2) The effective date of dissolution.
(d) The cancellation of the foreign foundation's registration is effective on the date of the notice of dissolution.
Source.
2017, 257:47, eff. Oct. 1, 2017. 2018, 210:18, eff. June 8, 2018.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 564-F - New Hampshire Foundation Act › Section 564-F:21-2117 - Effects of Administrative Cancellation.

564-F:21-2117 Effects of Administrative Cancellation. –
(a) A foreign foundation's authority to engage in registrable activities in this state shall cease on the effective date of the administrative cancellation of the foreign foundation's registration.
(b) The administrative cancellation of a foreign foundation's registration shall not terminate the authority of the foreign foundation's registered agent.
Source.
2017, 257:47, eff. Oct. 1, 2017.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 564-F - New Hampshire Foundation Act › Section 564-F:21-2118 - Appeal from Administrative Cancellation.

564-F:21-2118 Appeal from Administrative Cancellation. –
(a) A foreign foundation may appeal the administrative cancellation of its registration to the probate division of the circuit court for the sixth circuit within 30 days after cancellation.
(b) The foreign foundation appeals by:
(1) Petitioning the court to set aside the cancellation; and
(2) Attaching to its petition copies of:
(A) The foreign foundation's certificate of registration; and
(B) The secretary of state's notice of administrative cancellation.
(c) The court may summarily order the secretary of state to reinstate the foreign foundation's registration or may take any other action the court considers appropriate.
(d) The court's final decision may be appealed as in other civil proceedings.
Source.
2017, 257:47, eff. Oct. 1, 2017.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 564-F - New Hampshire Foundation Act › Section 564-F:21-2119 - Domestication.

564-F:21-2119 Domestication. –
(a) A foreign foundation may domesticate as a foundation formed under this chapter by filing with the secretary of state a certificate of domestication.
(b) The certificate of domestication shall set forth:
(1) The foreign foundation's name or, if its name is unavailable for use in this state, a name that satisfies the requirements of RSA 564-F:4-401;
(2) The name and usual business address of each of the foreign foundation's directors;
(3) The name of the jurisdiction under the laws of which the foreign foundation was originally formed;
(4) The foreign foundation's original date of formation;
(5) If the foreign foundation's domestication will not be effective upon the filing of certificate of domestication with the secretary of state, the effective date and time on which the foreign foundation's domestication shall begin;
(6) The name of the foreign foundation's initial registered agent in this state; and
(7) The address of the foreign foundation's initial registered office in this state.
(c) The certificate of domestication may set forth any other matter that the foreign foundation deems necessary or advisable.
(d) For purposes of subsection (b)(5), the effective date and time shall not be more than 90 days after the filing of the foreign foundation's certificate of domestication with the secretary of state.
Source.
2017, 257:47, eff. Oct. 1, 2017.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 564-F - New Hampshire Foundation Act › Section 564-F:21-2120 - Date of Domestication.

564-F:21-2120 Date of Domestication. –
(a) A foreign foundation's domestication shall be effective upon:
(1) If certificate of domestication does not specify a delayed effective time and date in accordance with RSA 564-F:21-2120(b)(5) and (c), the filing of the certificate of domestication; or
(2) If certificate of domestication specifies a delayed effective time and date in accordance with RSA 564-F:21-2120(b)(5) and (c), the effective time and date specified in the certificate of domestication.
(b) The secretary of state's acceptance for filing of the certificate of domestication is conclusive proof that the foundation satisfied all conditions precedent to the foundation's domestication, except in a judicial proceeding by this state to revoke the foundation's domestication or involuntarily dissolve the foundation.
Source.
2017, 257:47, eff. Oct. 1, 2017.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 564-F - New Hampshire Foundation Act › Section 564-F:21-2121 - Effects of Domestication.

564-F:21-2121 Effects of Domestication. –
(a) Upon its domestication, a foreign foundation shall be:
(1) Domesticated as foundation; and
(2) Subject to this chapter in the same manner as a foundation originally formed under this chapter.
(b) Notwithstanding the effective date of the domestication or this chapter, a domesticated foundation's existence shall be deemed to have commenced on the date that its existence commenced in the jurisdiction in which it was originally formed.
(c) All title to real property and other property owned by a foundation before its domestication and all contractual rights possessed by a foundation before its domestication shall remain vested in the foundation without reversion or impairment.
(d) Domestication shall not affect:
(1) Any obligations or liabilities that a foundation incurred before its domestication;
(2) The personal liability of any person for any of the obligations or liabilities described in subsection (b)(1); or
(3) The laws applicable to a foundation before the filing of its certificate of formation.
Source.
2017, 257:47, eff. Oct. 1, 2017.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 564-F - New Hampshire Foundation Act › Section 564-F:22-2202 - Correcting Filed Document.

564-F:22-2202 Correcting Filed Document. –
(a) Subject to subsection (b), a foundation or foreign foundation may correct a document described in subsection (c) by filing with the secretary of state a certificate of correction.
(b) A foundation or foreign foundation may file a certificate of correction only within one year of the filing of the document described in subsection (c).
(c) A document filed with the secretary of state may be corrected if:
(1) The document contains an inaccuracy; or
(2) The document was defectively executed, attested, sealed, verified, or acknowledged.
(d) The certificate of correction shall set forth:
(1) A statement identifying the document to be corrected;
(2) The filing date of the document to be corrected;
(3) A description of the inaccuracy or defect to be corrected; and
(4) A statement correcting the inaccuracy or defect.
(e) The certificate of correction may include a copy of the document to be corrected.
(f) A certificate of correction is effective on:
(1) Except as provided in subsection (f)(2), the effective date of the document that the certificate of correction corrects; and
(2) With respect to any person relying on the uncorrected document and adversely affected by the correction, the date on which the certificate of correction is filed.
Source.
2017, 257:47, eff. Oct. 1, 2017.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 564-F - New Hampshire Foundation Act › Section 564-F:22-2203 - Penalty for Filing False Document.

564-F:22-2203 Penalty for Filing False Document. –
(a) A person commits an offense by:
(1) Filing with the secretary of state a document that the person knows is false in any material respect; or
(2) Signing a document that the person knows is false in any material respect with intent that the document be delivered to the secretary of state for filing.
(b) An offense under this section is a misdemeanor.
Source.
2017, 257:47, eff. Oct. 1, 2017.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 564-F - New Hampshire Foundation Act › Section 564-F:22-2204 - Collections and Payments of Fees.

564-F:22-2204 Collections and Payments of Fees. –
(a) The secretary of state shall collect all fees required under this chapter and, subject to subsection (b), shall pay those fees to the state treasurer to be deposited in the general fund as unrestricted revenue.
(b) The state treasurer shall pay amounts to the secretary of state as follows:
(1) The state treasurer shall pay the expenses of administering this chapter out of any money in the treasury not otherwise appropriated until the fees collected under this chapter have been received by the state treasurer.
(2) After the fees collected under this chapter have been received by the state treasurer, the state treasurer shall pay the expenses of administering this chapter out of the fees collected under this chapter and shall reimburse the treasury for previous expenses paid by the state treasurer.
(c) The governor is authorized to draw a warrant for the sums authorized by this section out of any money in the treasury not otherwise appropriated.
Source.
2017, 257:47, eff. Oct. 1, 2017.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 564-F - New Hampshire Foundation Act › Section 564-F:22-2205 - Fees.

564-F:22-2205 Fees. –
(a) The secretary of state shall collect the following fees for:
(1) Certificate of formation$100
(2) Certificate of amendment$35
(3) Restated certificate of formation$35
(4) Application to reserve name$15
(5) Notice of transfer of reserved name$15
(6) Notice of change of registered agent$15
(7) Notice of resignation of registered agent$15
(8) Notice of registered agent's change of address$15
(9) Notice of change of registered office$15
(10) Certificate of merger$35
(11) Certificate of dissolution$35
(12) Certificate of revocation of dissolution$35
(13) Certificate of registration$100
(14) Amended certificate of registration$35
(15) Restated certificate of registration$35
(16) Certificate of cancellation$35
(17) Application for reinstatement$135
(18) Certificate of domestication$100
(19) Annual report$100
(20) Late filing fee$50
(21) Certificate of correction$35
(b) The secretary of state shall collect a fee of $25 each time process is served on the secretary of state under this chapter. The party to a judicial proceeding causing service of process is entitled to recover this fee as costs if that party prevails in the judicial proceeding.
[Paragraph (c) effective until November 1, 2023; see also paragraph (c) set out below.]
(c) The secretary of state shall collect the following fees for copying and certifying the copy of any filed document relating to a foundation or foreign foundation:
(1) $1 a page for copying; and
(2) $5 for the certificate.
[Paragraph (c) effective November 1, 2023; see also paragraph (c) set out above.]
(c) The secretary of state shall collect the following fees for certifying any filed document relating to a foundation or foreign foundation:
(1) $1 per document; and
(2) $5 for the certificate.
Source.
2017, 257:47, eff. Oct. 1, 2017. 2023, 170:12, eff. Nov. 1, 2023.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 564-F - New Hampshire Foundation Act › Section 564-F:23-2301 - Director of Charitable Trusts.

564-F:23-2301 Director of Charitable Trusts. –
With respect to a foundation that is a charitable trust, this chapter shall not limit the authority of the director of charitable trusts as otherwise provided by statute or common law.
Source.
2017, 257:47, eff. Oct. 1, 2017.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 564-F - New Hampshire Foundation Act › Section 564-F:23-2302 - Department of Health and Human Services.

564-F:23-2302 Department of Health and Human Services. –
This chapter shall not limit the authority of the department of health and human services as otherwise provided by statute or common law.
Source.
2017, 257:47, eff. Oct. 1, 2017.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 564-F - New Hampshire Foundation Act › Section 564-F:23-2303 - Severability.

564-F:23-2303 Severability. –
If any provision of this chapter or its application to any person or circumstance is held invalid, then the invalidity shall not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application. To that end, the provisions of this chapter are severable.
Source.
2017, 257:47, eff. Oct. 1, 2017.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 565 - Bonds to the Judge and Suits Thereon › Section 565:1 - Form.

565:1 Form. –
All bonds given to a judge shall be made "to the judge of probate for the county of __________ ," without naming the incumbent of the office.
Source.
RS 169:1. CS 179:1. GS 187:1. 1874, 32:1. GL 206:1. PS 199:1. 1901, 109:1. PL 310:1. RL 364:1.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 565 - Bonds to the Judge and Suits Thereon › Section 565:2 - Corporate Surety.

565:2 Corporate Surety. –
Any corporation established by the laws of this state, or authorized to transact business therein, and authorized thereto by its charter, may be accepted by the judge as sufficient surety if he is satisfied with the ability of the corporation as such surety.
Source.
RS 169:1. CS 179:1. GS 187:1. 1874, 32:1. GL 206:1. PS 199:1. 1901, 109:1. PL 310:2. RL 364:2.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 565 - Bonds to the Judge and Suits Thereon › Section 565:3 - New Bond, Etc.

565:3 New Bond, Etc. –
If the sureties or the penalty in any such bond be insufficient the judge shall require the principal therein to furnish a new bond, with sufficient sureties and penalty, and upon refusal or neglect, after due notice and a reasonable time allowed, shall revoke the trust of the principal.
Source.
RS 169:2. CS 179:2. GS 187:2. GL 206:1. PS 199:2. PL 310:3. RL 364:3.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 565 - Bonds to the Judge and Suits Thereon › Section 565:4 - On Application of Principal.

565:4 On Application of Principal. –
A judge, on application of the principal to a bond, may permit a new bond to be filed, and, after due notice, may, in his discretion, discharge the sureties to the original bond from all further responsibility thereon.
Source.
1909, 37:1. PL 310:4. RL 364:4.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 565 - Bonds to the Judge and Suits Thereon › Section 565:5 - On Application of Surety.

565:5 On Application of Surety. –
The judge, on application of a surety, may require a new bond to be filed, and, after due notice, may, in his discretion, discharge such surety from all further responsibility upon the bond.
Source.
RS 169:3. CS 179:3. GS 187:3. GL 206:3. PS 199:3. PL 310:5. RL 364:5.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 565 - Bonds to the Judge and Suits Thereon › Section 565:6 - Order for Suit.

565:6 Order for Suit. –
Any person interested in a bond given to a judge may apply to the judge for an order for suit thereof, setting forth the claim intended to be recovered in such suit; and the judge may make the order, upon the applicant giving bond, with sufficient sureties, to pay the costs which may be adjudged against him.
Source.
RS 169:4. CS 179:4. GS 187:4. GL 206:4. PS 199:4. PL 310:6. RL 364:6.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 565 - Bonds to the Judge and Suits Thereon › Section 565:7 - Indorsement of Writ.

565:7 Indorsement of Writ. –
The name and residence of every person at whose request the order is made and suit instituted shall be indorsed on the writ before the service thereof, with a brief statement of his claim.
Source.
RS 169:5. CS 179:5. GS 187:5. GL 206:5. PS 199:5. PL 310:7. RL 364:7.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 565 - Bonds to the Judge and Suits Thereon › Section 565:8 - Plaintiff.

565:8 Plaintiff. –
In such suit the defendant shall be called to answer to the "judge of probate for the county of ... ," without mentioning the name of the judge. No suit on a bond shall be abated or discontinued by any vacancy or change in the office of judge.
Source.
RS 169:6. CS 179:6. GS 187:6. GL 206:6. PS 199:6. PL 310:8. RL 364:8.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 565 - Bonds to the Judge and Suits Thereon › Section 565:9 - Forfeiture.

565:9 Forfeiture. –
When it shall appear, upon confession, verdict, demurrer or in any other way, that the penalty of the bond is forfeited judgment shall be rendered against the defendant for such penalty; and such judgment shall be security for all parties interested.
Source.
RS 169:7. CS 179:7. GS 187:7. GL 206:7. PS 199:7. PL 310:9. RL 364:9.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 565 - Bonds to the Judge and Suits Thereon › Section 565:10 - Judgment.

565:10 Judgment. –
Upon a hearing in chancery on such forfeiture, the court shall examine and ascertain the claims of the parties whose names are indorsed on the writ; and judgment shall be rendered for such parties respectively for the amount so ascertained, "that the judge of probate for the county of __________ now have execution for __________ , being part of the penalty forfeited, and for costs taxed __________ , for the use of A B, of C," with such further description as the court may deem expedient.
Source.
RS 169:8. CS 179:8. GS 187:8. GL 206:8. PS 199:8. PL 310:10. RL 364:10.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 565 - Bonds to the Judge and Suits Thereon › Section 565:11 - Executions.

565:11 Executions. –
The party for whose use such judgment shall be rendered may sue out execution thereon, and shall be taken to be the creditor. If the execution is levied on real estate the same shall vest in such party as it would do if he were the nominal as well as the real plaintiff in the suit; and the attachment made on the original writ shall inure to his benefit in the same manner.
Source.
RS 169:9. CS 179:9. GS 187:9. GL 206:9. PS 199:9. PL 310:11. RL 364:11.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 565 - Bonds to the Judge and Suits Thereon › Section 565:12 - Order of Priority.

565:12 Order of Priority. –
If there be more than one party for whose use such executions may be awarded, the order of priority in the attachment shall be as designated in the indorsement on the original writ; and if there be no such designation, in the order in which the names are indorsed.
Source.
RS 169:10. CS 179:10. GS 187:10. GL 206:10. PS 199:10. PL 310:12. RL 364:12.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 565 - Bonds to the Judge and Suits Thereon › Section 565:13 - Later Indorsers.

565:13 Later Indorsers. –
During the pendency of such suit the court, on motion, may order the name of any person interested to be indorsed on the original writ in manner aforesaid, and he shall thereupon be entitled to the same rights as if his name had been so indorsed before the service of the writ but subsequent to the other indorsers, upon his giving bond, with sureties, for the payment of costs.
Source.
RS 169:11. CS 179:11. GS 187:11. GL 206:11. PS 199:11. PL 310:13. RL 364:13.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 565 - Bonds to the Judge and Suits Thereon › Section 565:14 - Scire Facias.

565:14 Scire Facias. –
After judgment for the penalty of such bond any person interested, upon giving bond to the judge, with sufficient sureties, for the payment of such costs as may be adjudged against him, may sue out a scire facias on such judgment, to show cause why execution should not be awarded for his use out of the same.
Source.
RS 169:12. CS 179:12. GS 187:12. GL 206:12. PS 199:12. PL 310:14. RL 364:14.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 565 - Bonds to the Judge and Suits Thereon › Section 565:15 - Procedure.

565:15 Procedure. –
On such scire facias the claim of such person shall be examined, and judgment rendered and execution therefor awarded in manner aforesaid; and he shall be taken to be the creditor as aforesaid.
Source.
RS 169:13. CS 179:13. GS 187:13. GL 206:13. PS 199:13. PL 310:15. RL 364:15.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 565 - Bonds to the Judge and Suits Thereon › Section 565:16 - Obligors Not Sued.

565:16 Obligors Not Sued. –
No suit or judgment on such bond shall operate as an abatement or bar to any suit thereon against any obligor, against whom no suit has previously been commenced or judgment rendered.
Source.
RS 169:14. CS 179:14. GS 187:14. GL 206:14. PS 199:14. PL 310:16. RL 364:16.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 565 - Bonds to the Judge and Suits Thereon › Section 565:17 - Effect of Judgment.

565:17 Effect of Judgment. –
A judgment in favor of the obligors shall in no case operate as a bar to any suit on such bond for the benefit of a different claimant, or of the same claimant for a different claim.
Source.
RS 169:15. CS 179:15. GS 187:15. PS 199:15. PL 310:17. RL 364:17.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 565 - Bonds to the Judge and Suits Thereon › Section 565:18 - Costs.

565:18 Costs. –
Execution may be awarded, for costs adjudged to the defendants in any such suit, against the parties for whose benefit the suit was brought or maintained; or the defendants may have their remedy on the bonds taken in the probate office.
Source.
RS 169:16. CS 179:16. GS 187:16. GL 206:16. PS 199:16. PL 310:18. RL 364:18.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 566 - Powers of Appointment › Section 566:1 - Definitions.

566:1 Definitions. –
A power of appointment, whether or not coupled with an interest, and whether or not existing at the time this section takes effect, and whether the power is held by the donee in an individual or in a fiduciary capacity, may be released, wholly or partially, by the donee thereof, unless otherwise expressly provided in the instrument creating the power. As used in this chapter, the term power of appointment includes all powers which are in substance and effect powers of appointment regardless of the language used in creating them and whether they are: (a) general, special, or otherwise; (b) in gross, appendant, simply collateral, in trust, or otherwise; (c) exercisable by will, deed, deed or will, or instrument amending a trust, or otherwise; (d) exercisable presently or in the future.
Source.
1947, 248:1, par. 1. RL 364-A:1.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 566 - Powers of Appointment › Section 566:1-a - Special Power of Appointment.

566:1-a Special Power of Appointment. –
As a clarification of existing law, unless a testamentary power of appointment expressly states that it is a general power of appointment or expressly authorizes the donee to exercise the power of appointment in favor of one or more of the donee's creditors, the donee's estate or the creditors of the donee's estate, the power of appointment shall be construed as a special power of appointment, and the donee may not appoint in favor of the donee's creditors, the donee's estate or the creditors of the donee's estate. For the purposes of this section, the term "testamentary power of appointment" shall mean a power to appoint property exercisable only at the death of the donee of the power, whether by the donee's will or otherwise.
Source.
1999, 118:1, eff. June 10, 1999.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 566 - Powers of Appointment › Section 566:2 - Release.

566:2 Release. –
I. A power releasable according to RSA 566:1, or under common law, may be released, wholly or partially, by the delivery of a written release executed by the donee of the power for consideration or under seal to any person who could be adversely affected by the exercise of the power, or to any person who alone or with another or others holds in trust property subject to the power, or, in the case of a power created by will, by the filing of such release in the registry of probate in the county in which such will was proved or allowed.
II. No release of a power of appointment shall be valid as to land in this state subject to such power, except as against the releasor and persons having actual notice of the release, unless (a) in case of a power created by will or other written instrument, the release is acknowledged in the manner required in the case of deeds of land to entitle them to be recorded and is recorded in the registry of deeds for the county in which the land lies, or (b) in case of a power created by will, the release is filed in the registry of probate in the county in which such will was proved or allowed.
Source.
1947, 248:1, par. 2. RL 364-A:2.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 566 - Powers of Appointment › Section 566:3 - Effect.

566:3 Effect. –
A release executed by the donee of a power releasable according to RSA 566:1, or under common law, and delivered or filed in accordance with RSA 566:2, I, shall, subject to RSA 566:2, II, be effective to release the power to the extent in such release provided, whether it in substance provides for the release of all right of the donee to exercise the power, or for the release of all right of the donee to exercise the power otherwise than in respect of a part, therein defined, of the property subject to the power, or for the release of all right of the donee to exercise the power otherwise than to or for the benefit of, in trust for, or in favor of a person or persons or class or classes of persons, therein specified, or an object or objects or class or classes of objects, therein defined.
Source.
1947, 248:1, par. 3. RL 364-A:3.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 566 - Powers of Appointment › Section 566:4 - Two or More Donees.

566:4 Two or More Donees. –
If a power of appointment releasable according to RSA 566:1, or under common law, is or may be exercisable by two or more persons in conjunction with one another or successively, a release or disclaimer of the power, in whole or in part, executed, and delivered or filed, in accordance with RSA 566:2, I, by any one of the donees of the power, shall, subject to RSA 566:2, II, be effective to release or disclaim, to the extent therein provided, all right of such person to exercise or to participate in the exercise of the power, but, unless the instrument creating the power otherwise provides, shall not prevent or limit the exercise or participation in the exercise thereof by the other donee or donees thereof.
Source.
1947, 248:1, par. 4. RL 364-A:4.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 566 - Powers of Appointment › Section 566:5 - Definition of Release.

566:5 Definition of Release. –
The word "release," as used in RSA 566:1-4, shall include (1) an instrument wherein the person who executes it in substance states that he wholly releases, or agrees in no respect to exercise or participate in the exercise of, a power of appointment, and (2) an instrument wherein the person who executes it in substance states that he releases all right to exercise or participate in the exercise of a power of appointment otherwise than within limits therein defined or agrees not to exercise or participate in the exercise of a power of appointment otherwise than within limits therein defined.
Source.
1947, 248:1, par. 5. RL 364-A:5.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 566 - Powers of Appointment › Section 566:6 - Limitation.

566:6 Limitation. –
Release of a power of appointment otherwise releasable shall not be prevented merely by provisions in restraint of alienation or anticipation contained in the instrument creating the power.
Source.
1947, 248:1, par. 6. RL 364-A:6.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 566 - Powers of Appointment › Section 566:7 - Construction.

566:7 Construction. –
RSA 566:1-6, shall so far as possible be deemed to be declaratory of the common law of this state. Said sections shall be liberally construed so as to effectuate the intent that all powers of appointment whatsoever shall be releasable unless otherwise expressly provided in the instrument creating the power.
Source.
1947, 248:1, par. 7. RL 364-A:7.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 566 - Powers of Appointment › Section 566:8 - Donee May Disclaim.

566:8 Donee May Disclaim. –
A donee of a power of appointment may disclaim the same at any time, wholly or in part, in the same manner and to the same extent as he might release it.
Source.
1947, 248:1, par. 8. RL 364-A:8.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 566 - Powers of Appointment › Section 566:9 - Other Releases.

566:9 Other Releases. –
Nothing in RSA 566:1-8, shall prevent the release in any lawful manner of any releasable power of appointment or the disclaimer in any lawful manner of any power of appointment.
Source.
1947, 248:1, par. 9. RL 364-A:9.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 567-A - Appeals From the Court of Probate › Section 567-A:1 - Appeal to Supreme Court.

567-A:1 Appeal to Supreme Court. –
A person who is aggrieved by a decree, order, appointment, grant or denial of a judge of probate which may conclude that person's interest in a matter before the court may appeal therefrom to the supreme court on questions of law in accordance with rules of the supreme court.
Source.
1975, 395:11. 1983, 382:10, eff. Aug. 21, 1983.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 567-A - Appeals From the Court of Probate › Section 567-A:2 - Repealed by 1983, 382:17, I, eff. Aug. 21, 1983.

567-A:2 Repealed by 1983, 382:17, I, eff. Aug. 21, 1983. –
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 567-A - Appeals From the Court of Probate › Section 567-A:3 - Repealed by 1983, 382:17, II, eff. Aug. 21, 1983.

567-A:3 Repealed by 1983, 382:17, II, eff. Aug. 21, 1983. –
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 567-A - Appeals From the Court of Probate › Section 567-A:4 - Report of Findings and Rulings.

567-A:4 Report of Findings and Rulings. –
The judge of probate by whom a decree, order, appointment, grant or denial was made shall report the material facts found by him and his rulings of law, on request of any party entitled to appeal therefrom made before the entry of such decision. Unless otherwise ordered for good cause shown, all requests for findings and rulings and written memorandum of law must be submitted to the judge of probate at the close of the evidence. The findings of fact of the judge of probate are final unless they are so plainly erroneous that such findings could not be reasonably made.
Source.
1975, 395:11, eff. Jan. 1, 1976.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 567-A - Appeals From the Court of Probate › Section 567-A:5 - Repealed by 1983, 382:17, III, eff. Aug. 21, 1983.

567-A:5 Repealed by 1983, 382:17, III, eff. Aug. 21, 1983. –
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 567-A - Appeals From the Court of Probate › Section 567-A:6 - Repealed by 1983, 382:17, IV, eff. Aug. 21, 1983.

567-A:6 Repealed by 1983, 382:17, IV, eff. Aug. 21, 1983. –
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 567-A - Appeals From the Court of Probate › Section 567-A:7 - Effect of Appeal.

567-A:7 Effect of Appeal. –
After an appeal has been filed in the supreme court, all proceedings in pursuance of the decision appealed from shall be stayed pending determination of the appeal by the supreme court. The probate judge may, if the interests of an estate require it, appoint a special administrator under RSA 553:20. A decision of a probate judge, so far as it is affirmed or unaltered by the supreme court on appeal, shall be considered to have been in force from the time it was made by the probate judge.
Source.
1975, 395:11. 1983, 382:11, eff. Aug. 21, 1983.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 567-A - Appeals From the Court of Probate › Section 567-A:8 - Reversal or Affirmance.

567-A:8 Reversal or Affirmance. –
On appeal, the supreme court may:
I. Reverse or affirm, in whole or in part, any decree or order of the probate court and enter any decree thereon as the probate court ought to have entered;
II. Remand the case for further proceedings in the probate court; or
III. Make any other order therein as law and justice require.
Source.
1975, 395:11, eff. Jan. 1, 1976.
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 567-A - Appeals From the Court of Probate › Section 567-A:9 - Repealed by 1983, 382:17, V, eff. Aug. 21, 1983.

567-A:9 Repealed by 1983, 382:17, V, eff. Aug. 21, 1983. –
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 567-A - Appeals From the Court of Probate › Section 567-A:10 - Repealed by 1992, 284:86, XI, eff. Jan. 1, 1993.

567-A:10 Repealed by 1992, 284:86, XI, eff. Jan. 1, 1993. –
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 567-A - Appeals From the Court of Probate › Section 567-A:11 - Repealed by 1992, 284:86, XII, eff. Jan. 1, 1993.

567-A:11 Repealed by 1992, 284:86, XII, eff. Jan. 1, 1993. –
2023 New Hampshire Revised Statutes › Title LVI - Probate Courts and Decedents' Estates › Chapter 567-A - Appeals From the Court of Probate › Section 567-A:12 - Repealed by 2010, 189:5, IV, eff. Jan. 1, 2011.

567-A:12 Repealed by 2010, 189:5, IV, eff. Jan. 1, 2011. –
2023 New Hampshire Revised Statutes › Title LVII - Insolvency Proceedings and Assignments for Creditors › Chapter 568 - Insolvency Proceedings › Section 568:1 - Jurisdiction of Probate Courts.

568:1 Jurisdiction of Probate Courts. –
The court of probate of each county shall have original jurisdiction of all cases of insolvency arising in such county under the provisions of this chapter and shall at all suitable times be open for the transaction of business.
Source.
1861, 2488. GS 126. GL 140. 1885, 85:1. PS 201:1. PL 401:1. RL 465:1.
2023 New Hampshire Revised Statutes › Title LVII - Insolvency Proceedings and Assignments for Creditors › Chapter 568 - Insolvency Proceedings › Section 568:2 - Records.

568:2 Records. –
All assignments, agreements for composition and certificates of discharge shall be recorded in full. All other papers shall be numbered, filed and kept in the register's office as records of the proceedings.
Source.
PS 201:2. PL 401:2. RL 465:2.
2023 New Hampshire Revised Statutes › Title LVII - Insolvency Proceedings and Assignments for Creditors › Chapter 568 - Insolvency Proceedings › Section 568:3 - Register's Duties.

568:3 Register's Duties. –
The register shall enter all cases of insolvency upon a docket prepared for the purpose. He shall make all computations of dividends and may administer oaths in insolvency proceedings.
Source.
PS 201:3. PL 401:3. RL 465:3.
2023 New Hampshire Revised Statutes › Title LVII - Insolvency Proceedings and Assignments for Creditors › Chapter 568 - Insolvency Proceedings › Section 568:4 - Warrants, etc.

568:4 Warrants, etc. –
All warrants, orders of notice and processes issuing from the court relating to insolvency shall be headed "Proceedings in Insolvency," shall be under the seal of the court, and shall be executed and obeyed throughout the state. The officer or person to whom they are legally directed may serve the same in any county. Warrants shall be returnable in not less than 10 nor more than 60 days from the issuing thereof.
Source.
1889, 96:5. PS 201:4. PL 401:4. RL 465:4.