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New Hampshire · Through 2025 regular legislative session, or December 2025

RSA 564-F:13-1302: Duty of Loyalty.

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Where this section sits in the code
  1. Title LVI: PROBATE COURTS AND DECEDENTS' ESTATES
  2. Chapter ARTICLE 13: Protector's Duties

(a) Unless the governing documents provide otherwise, a protector has a duty to exercise his, her, or its powers solely in the interests of the foundation's purposes and the beneficiaries' interests.

(b) Unless the governing documents provide otherwise, a transaction not concerning the foundation or its property in which a protector engages in the protector's personal capacity or a person affiliated, related, or similarly associated with the protector engages does not violate the protector's duty under subsection (a) to the extent that:

(1) The protector discloses the transaction to the other protectors reasonably in advance of the transaction; and

(2) The transaction is fair to the foundation.

(c) A transaction not concerning a foundation's property in which a protector engages in the protector's personal capacity involves a conflict between personal and fiduciary interests if the transaction concerns an opportunity properly belonging to the foundation.

Collected 2026-09-05T17:08:19Z. Source file · JSON

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