reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XXVI - Cemeteries; Burials; Dead Bodies › Chapter 290 - Burials and Disinterments › Section 290:20 - Wishes of Subject.

290:20 Wishes of Subject. –
If the subject has left written and signed instructions regarding funeral arrangements and disposal of the subject's remains, the person having custody and control shall abide by those wishes to the extent that the subject paid for those arrangements in advance or left resources for the purpose of carrying out those wishes.
Source.
1996, 283:18, eff. Jan. 1, 1997.
2023 New Hampshire Revised Statutes › Title XXVI - Cemeteries; Burials; Dead Bodies › Chapter 290 - Burials and Disinterments › Section 290:21 - Effect of Payment by Others.

290:21 Effect of Payment by Others. –
Except to the degree it must be considered by the court under RSA 290:19, IV, the fact that a person other than the subject has paid or agreed to pay for all or part of arrangements does not give that person a greater right to custody and control than that person would otherwise have.
Source.
1996, 283:18, eff. Jan. 1, 1997.
2023 New Hampshire Revised Statutes › Title XXVI - Cemeteries; Burials; Dead Bodies › Chapter 290 - Burials and Disinterments › Section 290:22 - Authority of Personal Representative.

290:22 Authority of Personal Representative. –
The personal representative of the estate of the subject does not, by virtue of being the personal representative, have a greater right to custody and control than the person would otherwise have.
Source.
1996, 283:18, eff. Jan. 1, 1997.
2023 New Hampshire Revised Statutes › Title XXVI - Cemeteries; Burials; Dead Bodies › Chapter 290 - Burials and Disinterments › Section 290:23 - Immunity.

290:23 Immunity. –
A party who, in good faith, acts upon the instructions of the party having custody and control is not liable for having carried out those instructions.
Source.
1996, 283:18, eff. Jan. 1, 1997.
2023 New Hampshire Revised Statutes › Title XXVI - Cemeteries; Burials; Dead Bodies › Chapter 290 - Burials and Disinterments › Section 290:24 - Ownership of Cemetery Plots or Burial Spaces.

290:24 Ownership of Cemetery Plots or Burial Spaces. –
The ownership of a cemetery plot or burial space, as defined under RSA 289:1, II, shall be governed by the following provisions:
I. If the deceased has designated a person to assume ownership of the cemetery lot or burial space in a written and signed document, ownership passes to that person, subject to the regulations established under RSA 289:2.
II. If the deceased has not designated a person to assume ownership of the cemetery lot or burial space in a written and signed document, ownership shall be determined under the provisions of RSA 561:1 and RSA 289:2.
III. Notwithstanding other provisions of this subdivision, when the ownership of a cemetery plot or burial space is unclear or in dispute, the court of probate for the residence of the deceased may, upon receipt of a petition filed by the next of kin or other interested party, render a determination regarding ownership of the cemetery plot or burial space in compliance with applicable law, including any regulations established by the municipality or cemetery trustees under RSA 289:2.
Source.
2000, 95:2. 2001, 9:1, eff. Jan. 1, 2002.
2023 New Hampshire Revised Statutes › Title XXVI - Cemeteries; Burials; Dead Bodies › Chapter 291 - Bodies for Scientific Study › Section 291:1 - Request for Body.

291:1 Request for Body. –
It shall be the duty of the county commissioners of any county, the mayor and aldermen of any city, the overseers of the poor of any town, the warden of the state prison and the keeper of any jail in the state, upon previous request in writing by any physician or surgeon of this state (preference being given to instructors in medical schools established by law), to notify such physician or surgeon whenever the body of any person dying in their county, city, town, or in the state prison or a jail, required to be buried at the public expense, comes into their possession, charge or control, and to give permission to such physician or surgeon to take such body to be by him used within the state for the advancement of anatomical and medical science.
Source.
1869, 40:1. GL 134:1. PS 136:1. 1897, 28:1. PL 212:1. RL 258:1.
2023 New Hampshire Revised Statutes › Title XXVI - Cemeteries; Burials; Dead Bodies › Chapter 291 - Bodies for Scientific Study › Section 291:2 - Bond.

291:2 Bond. –
Every person before receiving any such body shall give to the officers surrendering it a sufficient bond that it shall be used only in the state for the promotion of science, and in such manner as not to outrage or annoy the public; and that after the use allowed by law the remains shall be decently buried.
Source.
1869, 40:2. GL 134:2. PS 136:2. PL 212:2. RL 258:2.
2023 New Hampshire Revised Statutes › Title XXVI - Cemeteries; Burials; Dead Bodies › Chapter 291 - Bodies for Scientific Study › Section 291:3 - Not Surrendered, When.

291:3 Not Surrendered, When. –
No such notice need be given, nor shall any such body be surrendered, if any person or persons shall claim it within 36 hours after death, and take it away and bury it without expense to the town or county otherwise liable for the same; nor shall such notice be given or the body be delivered if such deceased person was a stranger or traveler who died suddenly, in which case the body shall be buried, unless it shall clearly appear that said stranger or traveler was a professional tramp going from place to place subsisting upon charity, in which case said body shall be disposed of in accordance with RSA 291:1; nor shall such notice be given or the body be delivered if such deceased person has served in the army or navy of the United States, and has been actually called into service in time of war and honorably discharged from said service.
Source.
1869, 40:3. GL 134:3. PS 136:3. 1897, 28:1. 1899, 10:1. PL 212:3. RL 258:3.
2023 New Hampshire Revised Statutes › Title XXVI - Cemeteries; Burials; Dead Bodies › Chapter 291 - Bodies for Scientific Study › Section 291:4 - Penalty.

291:4 Penalty. –
Any person, upon whom duties are imposed by the provisions of this chapter, who shall neglect, refuse or omit to perform the same as hereby required shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.
Source.
PS 136:4. 1897, 28:1. PL 212:4. RL 258:4. RSA 291:4. 1973, 529:60, eff. Oct. 31, 1973 at 11:59 p.m.
2023 New Hampshire Revised Statutes › Title XXVI - Cemeteries; Burials; Dead Bodies › Chapter 291-A - Uniform Anatomical Gift Act › Section 291-A:1 - Short Title.

291-A:1 Short Title. –
This chapter may be cited as the Revised Uniform Anatomical Gift Act.
Source.
2010, 111:1, eff. July 31, 2010.
2023 New Hampshire Revised Statutes › Title XXVI - Cemeteries; Burials; Dead Bodies › Chapter 291-A - Uniform Anatomical Gift Act › Section 291-A:3 - Applicability.

291-A:3 Applicability. –
This chapter applies to an anatomical gift or amendment to, revocation of, or refusal to make an anatomical gift, whenever made.
Source.
2010, 111:1, eff. July 31, 2010.
2023 New Hampshire Revised Statutes › Title XXVI - Cemeteries; Burials; Dead Bodies › Chapter 291-A - Uniform Anatomical Gift Act › Section 291-A:4 - Who May Make Anatomical Gift Before Donor's Death.

291-A:4 Who May Make Anatomical Gift Before Donor's Death. –
Subject to RSA 291-A:8, an anatomical gift of a donor's body or part may be made during the life of the donor for the purpose of transplantation, therapy, research, or education in the manner provided in RSA 291-A:5 by:
I. The donor, if the donor is an adult or if the donor is a minor and is:
(a) Emancipated; or
(b) Authorized under state law to apply for a driver's license or identification card;
II. An agent of the donor, unless the power of attorney for health care or other record prohibits the agent from making an anatomical gift;
III. A parent of the donor, if the donor is an unemancipated minor; or
IV. The donor's guardian.
Source.
2010, 111:1, eff. July 31, 2010.
2023 New Hampshire Revised Statutes › Title XXVI - Cemeteries; Burials; Dead Bodies › Chapter 291-A - Uniform Anatomical Gift Act › Section 291-A:5 - Manner of Making Anatomical Gift Before Donor's Death.

291-A:5 Manner of Making Anatomical Gift Before Donor's Death. –
I. A donor may make an anatomical gift:
(a) By authorizing a statement or symbol indicating that the donor has made an anatomical gift to be imprinted on the donor's driver's license or identification card;
(b) In a will;
(c) During a terminal illness or injury of the donor, by any form of communication addressed to at least 2 adults, at least one of whom is a disinterested witness; or
(d) As provided in paragraph II.
II. A donor or other person authorized to make an anatomical gift under RSA 291-A:4 may make a gift by a donor card or other record signed by the donor or other person making the gift or by authorizing that a statement or symbol indicating that the donor has made an anatomical gift be included on a donor registry. If the donor or other person is physically unable to sign a record, the record may be signed by another individual at the direction of the donor or other person and shall:
(a) Be witnessed by at least 2 adults, at least one of whom is a disinterested witness, who have signed at the request of the donor or the other person; and
(b) State that it has been signed and witnessed as provided in subparagraph (a).
III. Revocation, suspension, expiration, or cancellation of a driver's license or identification card upon which an anatomical gift is indicated does not invalidate the gift.
IV. An anatomical gift made by will takes effect upon the donor's death whether or not the will is probated. Invalidation of the will after the donor's death does not invalidate the gift.
Source.
2010, 111:1, eff. July 31, 2010.
2023 New Hampshire Revised Statutes › Title XXVI - Cemeteries; Burials; Dead Bodies › Chapter 291-A - Uniform Anatomical Gift Act › Section 291-A:6 - Amending or Revoking Anatomical Gift Before Donor's Death.

291-A:6 Amending or Revoking Anatomical Gift Before Donor's Death. –
I. Subject to RSA 291-A:8, a donor or other person authorized to make an anatomical gift under RSA 291-A:4 may amend or revoke an anatomical gift by:
(a) A record signed by:
(1) The donor;
(2) The other person; or
(3) Subject to paragraph II, another individual acting at the direction of the donor or the other person if the donor or other person is physically unable to sign; or
(b) A later-executed document of gift that amends or revokes a previous anatomical gift or portion of an anatomical gift, either expressly or by inconsistency.
II. A record signed pursuant to subparagraph I(a)(3) shall:
(a) Be witnessed by at least 2 adults, at least one of whom is a disinterested witness, who have signed at the request of the donor or the other person; and
(b) State that it has been signed and witnessed as provided in paragraph I.
III. Subject to RSA 291-A:8, a donor or other person authorized to make an anatomical gift under RSA 291-A:4 may revoke an anatomical gift by the destruction or cancellation of the document of gift, or the portion of the document of gift used to make the gift, with the intent to revoke the gift.
IV. A donor may amend or revoke an anatomical gift that was not made in a will by any form of communication during a terminal illness or injury addressed to at least 2 adults, at least one of whom is a disinterested witness.
V. A donor who makes an anatomical gift in a will may amend or revoke the gift in the manner provided for amendment or revocation of wills or as provided in paragraph I.
Source.
2010, 111:1, eff. July 31, 2010.
2023 New Hampshire Revised Statutes › Title XXVI - Cemeteries; Burials; Dead Bodies › Chapter 291-A - Uniform Anatomical Gift Act › Section 291-A:7 - Refusal to Make Anatomical Gift; Effect of Refusal.

291-A:7 Refusal to Make Anatomical Gift;  Effect of Refusal. –
I. An individual may refuse to make an anatomical gift of the individual's body or part by:
(a) A record signed by:
(1) The individual; or
(2) Subject to paragraph II, another individual acting at the direction of the individual if the individual is physically unable to sign;
(b) The individual's will, whether or not the will is admitted to probate or invalidated after the individual's death; or
(c) Any form of communication made by the individual during the individual's terminal illness or injury addressed to at least 2 adults, at least one of whom is a disinterested witness.
II. A record signed pursuant to subparagraph I(a)(2) shall:
(a) Be witnessed by at least 2 adults, at least one of whom is a disinterested witness, who have signed at the request of the individual; and
(b) State that it has been signed and witnessed as provided in subparagraph (a).
III. An individual who has made a refusal may amend or revoke the refusal:
(a) In the manner provided in paragraph I for making a refusal;
(b) By subsequently making an anatomical gift pursuant to RSA 291-A:5 that is inconsistent with the refusal; or
(c) By destroying or canceling the record evidencing the refusal, or the portion of the record used to make the refusal, with the intent to revoke the refusal.
IV. Except as otherwise provided in RSA 291-A:8, VIII, in the absence of an express, contrary indication by the individual set forth in the refusal, an individual's unrevoked refusal to make an anatomical gift of the individual's body or part bars all other persons from making an anatomical gift of the individual's body or part.
Source.
2010, 111:1, eff. July 31, 2010.
2023 New Hampshire Revised Statutes › Title XXVI - Cemeteries; Burials; Dead Bodies › Chapter 291-A - Uniform Anatomical Gift Act › Section 291-A:8 - Preclusive Effect of Anatomical Gift, Amendment, or Revocation.

291-A:8 Preclusive Effect of Anatomical Gift, Amendment, or Revocation. –
I. Except as otherwise provided in paragraph VII and subject to paragraph VI, in the absence of an express, contrary indication by the donor, a person other than the donor is barred from making, amending, or revoking an anatomical gift of a donor's body or part if the donor made an anatomical gift of the donor's body or part under RSA 291-A:5 or an amendment to an anatomical gift of the donor's body or part under RSA 291-A:6.
II. A donor's revocation of an anatomical gift of the donor's body or part under RSA 291-A:6 is not a refusal and does not bar another person specified in RSA 291-A:4 or RSA 291-A:9 from making an anatomical gift of the donor's body or part under RSA 291-A:5 or RSA 291-A:10.
III. If a person other than the donor makes an unrevoked anatomical gift of the donor's body or part under RSA 291-A:5 or an amendment to an anatomical gift of the donor's body or part under RSA 291-A:6, another person may not make, amend, or revoke the gift of the donor's body or part under RSA 291-A:10.
IV. A revocation of an anatomical gift of a donor's body or part under RSA 291-A:6 by a person other than the donor shall not bar another person from making an anatomical gift of the body or part under RSA 291-A:5 or RSA 291-A:10.
V. In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under RSA 291-A:4, an anatomical gift of a part is neither a refusal to give another part nor a limitation on the making of an anatomical gift of another part at a later time by the donor or another person.
VI. In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under RSA 291-A:4, an anatomical gift of a part for one or more of the purposes set forth in RSA 291-A:4 is not a limitation on the making of an anatomical gift of the part for any of the other purposes by the donor or any other person under RSA 291-A:5 or RSA 291-A:10.
VII. If a donor who is an unemancipated minor dies, a parent of the donor who is reasonably available may revoke or amend an anatomical gift of the donor's body or part.
VIII. If an unemancipated minor who signed a refusal dies, a parent of the minor who is reasonably available may revoke the minor's refusal.
Source.
2010, 111:1, eff. July 31, 2010.
2023 New Hampshire Revised Statutes › Title XXVI - Cemeteries; Burials; Dead Bodies › Chapter 291-A - Uniform Anatomical Gift Act › Section 291-A:9 - Who May Make Anatomical Gift of Decedent's Body or Part.

291-A:9 Who May Make Anatomical Gift of Decedent's Body or Part. –
I. Subject to paragraphs II and III and unless barred by RSA 291-A:7 or RSA 291-A:8, an anatomical gift of a decedent's body or part for purpose of transplantation, therapy, research, or education may be made by any member of the following classes of persons who is reasonably available, in the order of priority listed:
(a) An agent of the decedent at the time of death who could have made an anatomical gift under RSA 291-A:4, II immediately before the decedent's death;
(b) The spouse of the decedent;
(c) Adult children of the decedent;
(d) Parents of the decedent;
(e) Adult siblings of the decedent;
(f) Adult grandchildren of the decedent;
(g) Grandparents of the decedent;
(h) An adult who exhibited special care and concern for the decedent;
(i) The persons who were acting as the guardians of the person of the decedent at the time of death; and
(j) Any other person having the authority to dispose of the decedent's body.
II. If there is more than one member of a class listed in subparagraphs I(a), (c), (d), (e), (f), (g), or (i) entitled to make an anatomical gift, an anatomical gift may be made by a member of the class unless that member or a person to which the gift may pass under RSA 291-A:11 knows of an objection by another member of the class. If an objection is known, the gift may be made only by a majority of the members of the class who are reasonably available.
III. A person may not make an anatomical gift if, at the time of the decedent's death, a person in a prior class under paragraph I is reasonably available to make or to object to the making of an anatomical gift.
Source.
2010, 111:1, eff. July 31, 2010.
2023 New Hampshire Revised Statutes › Title XXVI - Cemeteries; Burials; Dead Bodies › Chapter 291-A - Uniform Anatomical Gift Act › Section 291-A:10 - Manner of Making, Amending, or Revoking Anatomical Gift of Decedent's Body or Part.

291-A:10 Manner of Making, Amending, or Revoking Anatomical Gift of Decedent's Body or Part. –
I. A person authorized to make an anatomical gift under RSA 291-A:9 may make an anatomical gift by a document of gift signed by the person making the gift or by that person's oral communication that is electronically recorded or is contemporaneously reduced to a record and signed by the individual receiving the oral communication.
II. Subject to paragraph III, an anatomical gift by a person authorized under RSA 291-A:9 may be amended or revoked orally or in a record by any member of a prior class who is reasonably available. If more than one member of the prior class is reasonably available, the gift made by a person authorized under RSA 291-A:9 may be:
(a) Amended only if a majority of the reasonably available members agree to the amending of the gift; or
(b) Revoked only if a majority of the reasonably available members agree to the revoking of the gift or if they are equally divided as to whether to revoke the gift.
III. A revocation under paragraph II is effective only if, before an incision has been made to remove a part from the donor's body or before invasive procedures have begun to prepare the recipient, the procurement organization, transplant hospital, or physician or technician knows of the revocation.
Source.
2010, 111:1, eff. July 31, 2010.
2023 New Hampshire Revised Statutes › Title XXVI - Cemeteries; Burials; Dead Bodies › Chapter 291-A - Uniform Anatomical Gift Act › Section 291-A:12 - Search and Notification.

291-A:12 Search and Notification. –
I. The following persons shall make a reasonable search of an individual who the person reasonably believes is dead or near death for a document of gift or other information identifying the individual as a donor or as an individual who made a refusal:
(a) A law enforcement officer, firefighter, paramedic, or other emergency rescuer finding the individual; and
(b) If no other source of the information is immediately available, a hospital, as soon as practical after the individual's arrival at the hospital.
II. If a document of gift or a refusal to make an anatomical gift is located by the search required by subparagraph I(a) and the individual or deceased individual to whom it relates is taken to a hospital, the person responsible for conducting the search shall send the document of gift or refusal to the hospital.
III. A person shall not be subject to criminal or civil liability for failing to discharge the duties imposed by this section but may be subject to administrative sanctions.
Source.
2010, 111:1, eff. July 31, 2010.
2023 New Hampshire Revised Statutes › Title XXVI - Cemeteries; Burials; Dead Bodies › Chapter 291-A - Uniform Anatomical Gift Act › Section 291-A:13 - Delivery of Document of Gift Not Required; Right to Examine.

291-A:13 Delivery of Document of Gift Not Required;  Right to Examine. –
I. A document of gift need not be delivered during the donor's lifetime to be effective.
II. Upon or after an individual's death, a person in possession of a document of gift or a refusal to make an anatomical gift with respect to the individual shall allow examination and copying of the document of gift or refusal by a person authorized to make or object to the making of an anatomical gift with respect to the individual or by a person to which the gift could pass under RSA 291-A:11.
Source.
2010, 111:1, eff. July 31, 2010.
2023 New Hampshire Revised Statutes › Title XXVI - Cemeteries; Burials; Dead Bodies › Chapter 291-A - Uniform Anatomical Gift Act › Section 291-A:15 - Coordination of Procurement and Use.

291-A:15 Coordination of Procurement and Use. –
Each hospital in this state shall enter into agreements or affiliations with procurement organizations for coordination of procurement and use of anatomical gifts.
Source.
2010, 111:1, eff. July 31, 2010.
2023 New Hampshire Revised Statutes › Title XXVI - Cemeteries; Burials; Dead Bodies › Chapter 291-A - Uniform Anatomical Gift Act › Section 291-A:16 - Sale or Purchase of Parts Prohibited.

291-A:16 Sale or Purchase of Parts Prohibited. –
I. Except as otherwise provided in paragraph II, a person that for valuable consideration, knowingly purchases or sells a part for transplantation or therapy if removal of a part from an individual is intended to occur after the individual's death commits a felony and, notwithstanding RSA 651:2, upon conviction shall be subject to a fine not exceeding $50,000 or imprisonment not exceeding 5 years, or both.
II. A person may charge a reasonable amount for the removal, processing, preservation, quality control, storage, transportation, implantation, or disposal of a part.
Source.
2010, 111:1, eff. July 31, 2010.
2023 New Hampshire Revised Statutes › Title XXVI - Cemeteries; Burials; Dead Bodies › Chapter 291-A - Uniform Anatomical Gift Act › Section 291-A:17 - Other Prohibited Acts.

291-A:17 Other Prohibited Acts. –
A person that, in order to obtain a financial gain, intentionally falsifies, forges, conceals, defaces, or obliterates a document of gift, an amendment or revocation of a document of gift, or a refusal commits a felony and upon conviction shall be subject to a fine not exceeding $50,000 or imprisonment not exceeding 5 years, or both.
Source.
2010, 111:1, eff. July 31, 2010.
2023 New Hampshire Revised Statutes › Title XXVI - Cemeteries; Burials; Dead Bodies › Chapter 291-A - Uniform Anatomical Gift Act › Section 291-A:18 - Immunity.

291-A:18 Immunity. –
I. A person that acts in accordance with this chapter or with the applicable anatomical gift law of another state, or attempts in good faith to do so, shall not be liable for the act in a civil action, criminal prosecution, or administrative proceeding. Acting consistent with a document of gift shall be prima facie evidence of good faith.
II. Neither the person making an anatomical gift nor the donor's estate shall be liable for any injury or damage that results from the making or use of the gift.
III. In determining whether an anatomical gift has been made, amended, or revoked under this chapter, a person may rely upon representations of an individual listed in RSA 291-A:9, I relating to the individual's relationship to the donor or prospective donor unless the person knows that the representation is untrue.
Source.
2010, 111:1, eff. July 31, 2010.
2023 New Hampshire Revised Statutes › Title XXVI - Cemeteries; Burials; Dead Bodies › Chapter 291-A - Uniform Anatomical Gift Act › Section 291-A:19 - Law Governing Validity; Choice of Law as to Execution of Document of Gift; Presumption of Validity.

291-A:19 Law Governing Validity;  Choice of Law as to Execution of Document of Gift;  Presumption of Validity. –
I. A document of gift is valid if executed in accordance with:
(a) This chapter;
(b) The laws of the state or country where it was executed; or
(c) The laws of the state or country where the person making the anatomical gift was domiciled, has a place of residence, or was a national at the time the document of gift was executed.
II. If a document of gift is valid under this section, the law of this state shall govern the interpretation of the document of gift.
III. A person may presume that a document of gift or amendment of an anatomical gift is valid unless that person knows that it was not validly executed or was revoked.
Source.
2010, 111:1, eff. July 31, 2010.
2023 New Hampshire Revised Statutes › Title XXVI - Cemeteries; Burials; Dead Bodies › Chapter 291-A - Uniform Anatomical Gift Act › Section 291-A:20 - Donor Registry.

291-A:20 Donor Registry. –
I. A donor registry shall:
(a) Provide a database that allows an individual who has made an anatomical gift to be included in the donor registry;
(b) Be accessible to a procurement organization to allow it to obtain relevant information on the donor registry to determine, at or near death of the donor or a prospective donor, whether the donor or prospective donor has made an anatomical gift; and
(c) Be accessible for purposes of subparagraphs (a) and (b) 7 days a week on a 24-hour basis.
II. Personally identifiable information on a donor registry about a donor or prospective donor may not be used or disclosed without the express consent of the donor, prospective donor, or person that made the anatomical gift for any purpose other than to determine, at or near death of the donor or prospective donor, whether the donor or prospective donor has made, amended, or revoked an anatomical gift.
III. This section shall not prohibit any person from creating or maintaining a donor registry that is not established by or under contract with the state. Any such registry shall comply with paragraphs I and II.
Source.
2010, 111:1, eff. July 31, 2010.
2023 New Hampshire Revised Statutes › Title XXVI - Cemeteries; Burials; Dead Bodies › Chapter 291-A - Uniform Anatomical Gift Act › Section 291-A:21 - Cooperation Between Medical Examiner and Procurement Organization.

291-A:21 Cooperation Between Medical Examiner and Procurement Organization. –
I. The chief medical examiner shall cooperate with procurement organizations to maximize the opportunity to recover anatomical gifts for the purpose of transplantation, therapy, research, or education.
II. If a medical examiner receives notice from a procurement organization that an anatomical gift might be available or was made with respect to a decedent whose body is under the jurisdiction of the medical examiner and a post-mortem examination is going to be performed, unless the medical examiner denies recovery in accordance with RSA 291-A:22, the medical examiner or designee shall conduct a post-mortem examination of the body or the part in a manner and within a period compatible with its preservation for the purposes of the gift.
III. A part may not be removed from the body of a decedent under the jurisdiction of a medical examiner for transplantation, therapy, research, or education unless the part is the subject of an anatomical gift. The body of a decedent under the jurisdiction of the medical examiner may not be delivered to a person for research or education unless the body is the subject of an anatomical gift. This paragraph does not preclude a medical examiner from performing the medicolegal investigation upon the body or parts of a decedent under the jurisdiction of the medical examiner.
Source.
2010, 111:1, eff. July 31, 2010.
2023 New Hampshire Revised Statutes › Title XXVI - Cemeteries; Burials; Dead Bodies › Chapter 291-A - Uniform Anatomical Gift Act › Section 291-A:23 - Honoring an Individual's Decision to Donate.

291-A:23 Honoring an Individual's Decision to Donate. –
A person's decision to make a donation of that person's own body, organ, or tissue after death shall be honored and may not be revoked or amended by anyone after such individual's death. In the absence of a revocation or amendment by the individual prior to death, health care providers and procurement organizations shall act in accordance with the donor's decision and may take appropriate actions to effect the anatomical gift.
Source.
2010, 111:1, eff. July 31, 2010. 2021, 218:1, eff. Oct. 22, 2021.
2023 New Hampshire Revised Statutes › Title XXVI - Cemeteries; Burials; Dead Bodies › Chapter 291-A - Uniform Anatomical Gift Act › Section 291-A:24 - Uniformity of Application and Construction.

291-A:24 Uniformity of Application and Construction. –
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Source.
2010, 111:1, eff. July 31, 2010.
2023 New Hampshire Revised Statutes › Title XXVI - Cemeteries; Burials; Dead Bodies › Chapter 291-A - Uniform Anatomical Gift Act › Section 291-A:25 - Relation to Electronic Signatures in Global and National Commerce Act.

291-A:25 Relation to Electronic Signatures in Global and National Commerce Act. –
This act modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. section 7001 et seq., but does not modify, limit, or supersede section 101(a) of that act, 15 U.S.C. section 7001, or authorize electronic delivery of any of the notices described in section 103(b) of that act, 15 U.S.C. section 7003(b).
Source.
2010, 111:1, eff. July 31, 2010.
2023 New Hampshire Revised Statutes › Title XXVII - Corporations, Associations, and Proprietors of Common Lands › Chapter 292 - Voluntary Corporations and Associations › Section 292:1 - Incorporators; Purposes.

292:1 Incorporators;  Purposes. –
Five or more persons of lawful age may associate together by articles of agreement to form a corporation, for any of the following purposes:
I. The promotion of the cause of temperance and of any charitable or religious cause.
II. The establishment and maintenance of literary and scientific institutions, libraries, lyceums and musical, agricultural, literary, or scientific associations, the promotion of education and the arts and sciences by any other means and for mental improvement.
III. The establishment and maintenance of hospitals, homes for the aged and for invalids, and other charitable institutions.
IV. The provision of suitable grounds and other conveniences for the burial of the dead.
V. The organization and maintenance of lodges of Free Masons, Odd Fellows, and other similar societies, and for social recreation and improvement.
VI. The provision and care of walks, parks, recreational and athletic facilities, commons, roads and streets.
VII. The planting, cultivation, and protection of shade, ornamental, and forest trees.
VIII. The promotion of agriculture.
IX. The promotion of the growth and prosperity of cities, towns, and villages, including provision for recreational and athletic facilities for public use.
X. The promotion of law and order and the better enforcement of existing laws, or to prevent cruelty to animals.
XI. The protection or propagation of fish and game, and for any other purpose not prohibited by law.
XII. To provide industrial, commercial, manufacturing and warehouse facilities for the purpose of developing the growth and prosperity of the state, counties, cities, towns and villages.
XIII. To serve and promote the recreational and athletic interests of the state of New Hampshire or any town or individual group thereof.
XIV. The provision of mental health services.
XV. Any other purpose for which an organization may be exempt from federal taxation under section 501 of the Internal Revenue Code of 1954, and any amendments thereto.
Source.
RS 145:1. 1846, 325:1. CS 152:1. 1866, 4224:1. GS 137:1; 138:1. 1872, 6:1. GL 151:1; 152:1. PS 147:1. 1895, 1:1. PL 223:1. RL 272:1. RSA 292:1. 1965, 74:1. 1967, 102:1; 359:2. 1969, 43:1. 1977, 407:1. 1991, 261:1-3, eff. Jan. 1, 1992.
2023 New Hampshire Revised Statutes › Title XXVII - Corporations, Associations, and Proprietors of Common Lands › Chapter 292 - Voluntary Corporations and Associations › Section 292:1-a - Legal Services.

292:1-a Legal Services. –
Five or more persons of lawful age may associate together by articles of agreement to form a corporation, without a capital stock, for the purpose of providing professional legal services to the poor; provided, however, that no such corporation shall commence business until its articles of agreement and by-laws, and such other information as may be required, have been submitted to the supreme court for approval and such court has authorized it to commence business upon finding that it is a responsible organization. Such authorization may, after hearing, be revoked or suspended by the court for just cause. The actual practice of law by such corporation shall be conducted solely by members of the New Hampshire bar in good standing, and the fact of incorporation shall not in any way be deemed to immunize any attorney employed by the corporation from personal responsibility and liability to the clients whom he serves. The provisions of RSA 311:11 shall not apply to corporations organized under this section.
Source.
1967, 239:1, eff. Aug. 22, 1967.
2023 New Hampshire Revised Statutes › Title XXVII - Corporations, Associations, and Proprietors of Common Lands › Chapter 292 - Voluntary Corporations and Associations › Section 292:2 - Articles of Agreement.

292:2 Articles of Agreement. –
The articles of agreement shall contain the following:
I. The name of the corporation.
II. The object for which the corporation is established.
II-a. The provisions for establishing criteria and procedures for membership and participation in the corporation.
III. The provisions for disposition of the corporate assets in the event of dissolution of the corporation, including the prioritization of rights of shareholders and members to corporate assets.
IV. The address at which the business of the corporation is to be carried on.
V. The amount of capital stock, if any, or the number of shares or membership certificates, if any, and provisions for retirement, reacquisition and redemption of those shares or certificates.
V-a. (a) The articles of agreement may contain a provision eliminating or limiting the personal liability of a director, an officer, or both, to the corporation or its shareholders for monetary damages for breach of fiduciary duty as a director, an officer, or both, except with respect to:
(1) Any breach of the director's or officer's duty of loyalty to the corporation or its shareholders.
(2) Acts or omissions which are not in good faith or which involve intentional misconduct or a knowing violation of law.
(3) Any transaction from which the director, officer, or both, derived an improper personal benefit.
(b) This paragraph shall not be construed to eliminate or limit the liability of a director, an officer, or both, for any act or omission occurring before January 1, 1992.
VI. The signature and post office address of each of the persons associating together to form the corporation.
Source.
RS 145:2. CS 152:2. 1866, 4224:2. GS 137:2; 138:2. GL 151:2; 152:2. PS 147:2. PL 223:2. RL 272:2. RSA 292:2. 1971, 73:1. 1991, 261:4. 2010, 105:1, eff. July 25, 2010.
2023 New Hampshire Revised Statutes › Title XXVII - Corporations, Associations, and Proprietors of Common Lands › Chapter 292 - Voluntary Corporations and Associations › Section 292:2-a - Charitable Corporations; Required Provisions.

292:2-a Charitable Corporations;  Required Provisions. –
Every charitable corporation established under this chapter which is a private foundation as defined in section 509(a) of the United States Internal Revenue Code of 1954, and which is in existence on the effective date of this section, or which is thereafter established, is subject to the following provisions, whether they are set forth in the articles of agreement or not:
I. A corporation which is a "private foundation" as defined in section 509(a) of the Internal Revenue Code of 1954, shall not:
(a) Engage in any act of "self-dealing" (as defined in section 4941(d) of the Internal Revenue Code of 1954), which would give rise to any liability for the tax imposed by section 4941(a) of the Internal Revenue Code of 1954;
(b) Retain any "excess business holdings" (as defined in section 4943(c) of the Internal Revenue Code of 1954), which would give rise to any liability for the tax imposed by section 4943(a) of the Internal Revenue Code of 1954; nor
(c) Make any investment which would jeopardize the carrying out of any of its exempt purposes, within the meaning of section 4944 of the Internal Revenue Code of 1954, so as to give rise to any liability for the tax imposed by section 4944(a) of the Internal Revenue Code of 1954; nor
(d) Make any "taxable expenditures" (as defined in section 4945(d) of the Internal Revenue Code of 1954) which would give rise to any liability for the tax imposed by section 4945(a) of the Internal Revenue Code of 1954.
II. Each corporation which is a "private foundation" as defined in section 509 of the Internal Revenue Code of 1954 shall distribute, for the purposes specified in its articles of organization, for each taxable year, amounts at least sufficient to avoid liability for the tax imposed by section 4942(a) of the Internal Revenue Code of 1954.
III. The provisions of paragraphs I and II shall apply to any corporation except to the extent that a court of competent jurisdiction determines that to apply these provisions would be contrary to the terms of the articles of agreement or other instrument governing the corporation or the administration of charitable funds held by it, and that the articles or the other instrument cannot properly be changed to conform to these provisions.
IV. Nothing in this section impairs the rights and powers of the courts or of the attorney general with respect to any corporation.
V. All references to sections of the Internal Revenue Code of 1954 include amendments to those sections which are made after the effective date of this section, and include all corresponding provisions of any United States Internal Revenue laws which replace the Internal Revenue Code of 1954.
Source.
1971, 378:1, eff. Aug. 27, 1971; 584:3, 4, eff. Sept. 29, 1971.
2023 New Hampshire Revised Statutes › Title XXVII - Corporations, Associations, and Proprietors of Common Lands › Chapter 292 - Voluntary Corporations and Associations › Section 292:4 - Record of Articles of Agreement; Effect.

292:4 Record of Articles of Agreement;  Effect. –
The articles of agreement shall be recorded in the office of the secretary of state. When so recorded, the signers thereof shall be a corporation, and such corporation, its officers, and members shall have all the rights and powers and be subject to all the duties and liabilities of other similar corporations incorporated under this chapter, their officers, and members, except so far as they are limited or enlarged by this chapter. Subsequent to filing with the secretary of state a copy shall be filed in the office of the clerk of the town in which the mailing address of the corporation is located.
Source.
1866, 4224:1. GS 138:1. GL 152:1. PS 147:4. PL 223:4. RL 272:4. RSA 292:4. 1991, 261:5. 2004, 248:2, eff. July 1, 2004.
2023 New Hampshire Revised Statutes › Title XXVII - Corporations, Associations, and Proprietors of Common Lands › Chapter 292 - Voluntary Corporations and Associations › Section 292:5 - Fees for Recording.

292:5 Fees for Recording. –
The fee for recording the articles of agreement in the office of the secretary of state as required in RSA 292:4 shall be $25. The fee for recording any record of amendment in the office of the secretary of state as required in RSA 292:7 shall be $25. The fee for recording the articles of agreement or amendments to such articles in the office of the town or city clerk as required in RSA 292:4 and RSA 292:7 shall be $5.
Source.
1949, 265:1. RSA 292:5. 1955, 171:7. 1989, 408:64. 1991, 252:2, eff. Aug. 9, 1991.
2023 New Hampshire Revised Statutes › Title XXVII - Corporations, Associations, and Proprietors of Common Lands › Chapter 292 - Voluntary Corporations and Associations › Section 292:5-a - Repealed by 1957, 32:1, eff. Mar. 16, 1957.

292:5-a Repealed by 1957, 32:1, eff. Mar. 16, 1957. –
2023 New Hampshire Revised Statutes › Title XXVII - Corporations, Associations, and Proprietors of Common Lands › Chapter 292 - Voluntary Corporations and Associations › Section 292:5-b - Foreign Nonprofit Corporations; Registration, Fees.

292:5-b Foreign Nonprofit Corporations;  Registration, Fees. –
A foreign nonprofit corporation established for any of the purposes set forth in RSA 292:1 or for a substantially similar purpose, desiring to do business in this state in furtherance of such purpose for the benefit of citizens of this state, may register as a foreign corporation by making application as provided in RSA 293-A:15.03, excepting those portions relative to using a form of the words "corporation," "company," "incorporated" or "limited" in the corporate name. Any such foreign nonprofit corporation shall file the return and pay the fee provided in RSA 292:25-29.
Source.
1977, 461:2. 1979, 92:1. 1985, 339:1. 1989, 256:2. 1992, 255:3, eff. Jan. 1, 1993.
2023 New Hampshire Revised Statutes › Title XXVII - Corporations, Associations, and Proprietors of Common Lands › Chapter 292 - Voluntary Corporations and Associations › Section 292:5-c - Online Filing.

292:5-c Online Filing. –
No later than January 1, 2020, the secretary of state shall provide for and allow the online filing of all forms, certificates, or other documents required under this chapter.
Source.
2018, 279:10, eff. Jan. 1, 2019.
2023 New Hampshire Revised Statutes › Title XXVII - Corporations, Associations, and Proprietors of Common Lands › Chapter 292 - Voluntary Corporations and Associations › Section 292:5-d - Appointment of Agent for Service of Process by Voluntary Corporations.

[RSA 292:5-d effective November 1, 2023.]
292:5-d Appointment of Agent for Service of Process by Voluntary Corporations. –
I. Entities formed under this chapter may voluntary file with the secretary of state a statement appointing an agent for service of process pursuant to RSA 5:15-c.
II. Failure to appoint and maintain an agent for service of process in this state shall have no effect on validity of the charter of the corporation.
Source.
2023, 170:2, eff. Nov. 1, 2023.
2023 New Hampshire Revised Statutes › Title XXVII - Corporations, Associations, and Proprietors of Common Lands › Chapter 292 - Voluntary Corporations and Associations › Section 292:6 - Bylaws; Organization.

292:6 Bylaws;  Organization. –
The initial bylaws of a corporation shall be adopted by a
2/3 majority action of the signers of the articles of agreement. The power to alter, amend or repeal the bylaws or to adopt new bylaws, subject to repeal or change by a
2/3 majority action of the shareholders or holders of membership certificates, shall be vested in the board of directors unless reserved to the shareholders or holders of membership certificates by the articles of agreement. The bylaws may contain any provisions for the regulation and management of the affairs of the corporation not inconsistent with the laws of the state or the articles of agreement, including provisions for issuance and reacquisition of membership certificates.
Source.
PS 147:5. PL 223:5. RL 272:5. RSA 292:6. 1991, 261:6, eff. Jan. 1, 1992.
2023 New Hampshire Revised Statutes › Title XXVII - Corporations, Associations, and Proprietors of Common Lands › Chapter 292 - Voluntary Corporations and Associations › Section 292:6-a - Board of Directors of Charitable Nonprofit Corporations.

292:6-a Board of Directors of Charitable Nonprofit Corporations. –
In the interest of encouraging diversity of discussion, connection with the public, and public confidence, the board of directors of a charitable nonprofit corporation shall have at least 5 voting members, who are not of the same immediate family or related by blood or marriage. No employee of a charitable nonprofit corporation shall hold the position of chairperson or presiding officer of the board. This section shall not apply to those nonprofit corporations in existence on August 10, 1996, until one year after August 10, 1996, nor to any organization qualified as a private foundation under the applicable provisions of the United States Internal Revenue Code, nor to religious organizations, churches, or the integrated auxiliaries thereof or to conventions or associations of churches. The provisions of this section may be waived with the approval of the director of charitable trusts after application for such waiver.
Source.
1996, 302:3. 1997, 184:5, eff. Jan. 1, 1998.
2023 New Hampshire Revised Statutes › Title XXVII - Corporations, Associations, and Proprietors of Common Lands › Chapter 292 - Voluntary Corporations and Associations › Section 292:6-b - Voting.

292:6-b Voting. –
I. A voluntary corporation may have one or more classes of members or may have no members. In the absence of a provision in its articles or bylaws providing for members, a voluntary corporation has no members.
II. If a voluntary corporation has no members, an action for which there is no specific provision of this chapter applicable to a voluntary corporation without members and that would otherwise require approval of the members requires only the approval of the board of directors.
III. Members are of one class unless the articles establish, or authorize the bylaws to establish, more than one class. Members shall have no voting rights, except as specifically provided in the articles or bylaws. The articles or bylaws may fix the term of membership.
IV. Notwithstanding any provision of the articles or bylaws to the contrary, each individual board member and each member of a voluntary corporation entitled to vote shall be entitled to no more than one vote.
Source.
2010, 105:2, eff. July 25, 2010.
2023 New Hampshire Revised Statutes › Title XXVII - Corporations, Associations, and Proprietors of Common Lands › Chapter 292 - Voluntary Corporations and Associations › Section 292:7 - Change of Name; Amending Articles.

292:7 Change of Name;  Amending Articles. –
Any corporation now or hereafter organized or registered in accordance with the provisions of this chapter, and any existing corporation which may have been so organized or registered, may change its name, increase or decrease its capital stock or membership certificates, merge with or acquire any other corporation formed pursuant to this chapter, or amend its articles of agreement, by a majority vote of such corporation's board of directors or trustees, at a meeting duly called for that purpose, and by recording a certified copy of such vote in the office of the secretary of state and in the office of the clerk of the town or city in this state which is its principal place of business. In the case of a foreign nonprofit corporation registered in New Hampshire, a copy of the amendment or plan of merger, certified by the proper officer of the state of incorporation, shall be filed with the secretary of state, together with the fee provided in RSA 292:5. The surviving corporation in a merger shall continue to have all the authority and powers vested in the merging corporations, including any powers previously conferred upon them by the legislature.
Source.
1895, 1:2. 1897, 49:1. PL 223:6. 1931, 69:1. RL 272:6. RSA 292:7. 1971, 73:2. 1983, 112:11. 1988, 93:5. 1991, 261:7, eff. Jan. 1, 1992.