RSA 564-F:16-1606: Nonjudicial Settlement Agreement.

(a) For purposes of this section, "interested person" means each of the following persons:

(1) A founder;

(2) A foundation official;

(3) A person who, under the governing documents, has the power to enforce the terms of the governing documents;

(4) If the trust is a charitable trust, the director of charitable trusts; and

(5) Any other person whose consent would be required in order to achieve a binding settlement if a court would approve the settlement.

(b) Subject to subsection (c), all of the interested persons may enter into a binding nonjudicial settlement agreement with respect to any matter involving a foundation.

(c) A nonjudicial settlement agreement is valid only to the extent that:

(1) It does not violate any of the foundation's material purpose; and

(2) It includes only terms and conditions that could be properly approved by a court under this chapter or other applicable law.

(d) Matters that may be resolved by a nonjudicial settlement agreement include:

(1) The interpretation or construction of the governing documents;

(2) The modification of the governing documents;

(3) The approval of a director's report or accounting;

(4) A direction to a foundation official to refrain from performing a particular act or the grant to a foundation official of any necessary or desirable power;

(5) A foundation official's appointment or resignation;

(6) The determination of a foundation official's compensation;

(7) A foundation official's liability for an action relating to the foundation; and

(8) The foundation's dissolution.

(e) Any interested person may commence a judicial proceeding requesting that the court:

(1) Approve a nonjudicial settlement agreement;

(2) Determine whether the representation under 564-F:14-1402 was adequate; and

(3) Determine whether the agreement contains terms and conditions the court could have properly approved.