{"data":{"id":"us-nh/rsa-293-c-11","jurisdiction":"us-nh","citation":"RSA 293-C:11","heading":"Right of Action.","body":"I. Except in a benefit enforcement proceeding, no person shall bring an action or assert a claim against a benefit corporation or its directors or officers with respect to:\n(a) Failure to pursue or create general public benefit or a specific public benefit set forth in its articles of incorporation; or\n(b) Violation of an obligation, duty, or standard of conduct under this chapter.\nII. A benefit corporation shall not be liable for monetary damages under this chapter for any failure of the benefit corporation to pursue or create general public benefit or a specific public benefit.\nIII. A benefit enforcement proceeding shall be commenced or maintained only:\n(a) Directly by the benefit corporation; or\n(b) Derivatively in accordance with RSA 293-A:7.40 through RSA 293-A:7.48 by:\n(1) A person or group of persons that owned beneficially or of record at least 2 percent of the total number of shares of a class or series outstanding at the time of the act or omission complained of;\n(2) A director;\n(3) A person or group of persons that owned beneficially or of record 5 percent or more of the outstanding equity interests in an entity of which the benefit corporation is a subsidiary at the time of the act or omission complained of; or\n(4) Other persons as specified in the articles of incorporation or bylaws of the benefit corporation.\nIV. For purposes of this section, a person is the beneficial owner of shares or equity interests if the shares or equity interests are held in a voting trust or by a nominee on behalf of the beneficial owner.\nV. In an action commenced under this section, if it is determined that a corporation established pursuant to this chapter has failed to pursue a general public benefit or a specific public benefit set forth in its articles of incorporation, the secretary of state may revoke the corporation's status as a benefit corporation under this chapter.","path":["Title XXVII: CORPORATIONS, ASSOCIATIONS, AND PROPRIETORS OF COMMON LANDS","Chapter 293-C: BENEFIT CORPORATIONS","Accountability"],"source_url":"https://gc.nh.gov/rsa/html/XXVII/293-C/293-C-11.htm","current_through":"2025 regular legislative session, or December 2025","vintage":"","retrieved_at":"2026-09-05T14:50:49Z","sha256":"a9001a31371843d5f8e3b5299f5db873daeba5bfdcb584e4915bac017bd4754a","source_id":"us-nh","stale":false,"prev":"us-nh/rsa-293-c-10","next":"us-nh/rsa-293-c-12"},"notice":"GroundRules: Original legal text. Not legal advice."}