RSA 564-F:17-1701: Modification.

(a) A court may modify a foundation's certificate of formation or its bylaws if:

(1) All of the foundation officials consent to the modification;

(2) All of the beneficiaries consent to the modification;

(3) To the extent that the foundation is a charitable trust, the director of charitable trusts consents to the modification; and

(4) The modification does not violate any of the foundation's material purposes.

(b) A court may modify a foundation's certificate of formation or its bylaws if:

(1) Due to circumstances that the founder did not anticipate, modification will further the foundation's purposes;

(2) The modification is consistent with the founder's probable intent; and

(3) The modification does not violate any of the foundation's material purposes.

(c) A court may modify a foundation's certificate of formation or its bylaws if:

(1) The foundation's continuation would be impractical, wasteful, or impair the foundation's administration;

(2) The modification is consistent with the founder's intent; and

(3) The modification does not violate any of the foundation's material purposes.

(d) Any of the following persons may commence a judicial proceeding seeking modification of a foundation's certificate of formation or its bylaws under this section:

(1) A foundation official;

(2) Unless the governing documents provide otherwise, a beneficiary; or

(3) To the extent that the foundation is a charitable trust, the director of charitable trusts.