{"data":{"id":"us-nh/rsa-564-f-17-1702","jurisdiction":"us-nh","citation":"RSA 564-F:17-1702","heading":"Reformation.","body":"(a) A court may reform a foundation's certificate of formation or its bylaws for purposes of conforming the certificate of formation or the bylaws to the founder's intent if:\n(1) Whether in the expression or inducement, the foundation's certificate of formation or its bylaws were affected by a mistake of fact, a mistake of law, or both a mistake of fact and a mistake of law; and\n(2) The founder's intent is proven by clear and convincing evidence;\n(3) The mistake is proven by clear and convincing evidence; and\n(4) The reformation does not violate any of the foundation's material purposes.\n(b) A court may reform a foundation's certificate of formation or its bylaws for purposes of achieving the founder's tax objectives if:\n(1) The reformation is consistent with the founder's intent; and\n(2) The reformation does not violate any of the foundation's material purposes.\n(c) A reformation under this section may be retroactive or prospective.\n(d) Any of the following persons may commence a judicial proceeding seeking reformation of a foundation's certificate of formation or its bylaws under this section:\n(1) A founder;\n(2) A foundation official;\n(3) Unless the governing documents provide otherwise, a beneficiary; and\n(4) To the extent that the foundation is a charitable trust, the director of charitable trusts.","path":["Title LVI: PROBATE COURTS AND DECEDENTS' ESTATES","Chapter ARTICLE 17: Modification"],"source_url":"https://gc.nh.gov/rsa/html/LVI/564-F/564-F-17-1702.htm","current_through":"2025 regular legislative session, or December 2025","vintage":"","retrieved_at":"2026-09-05T17:08:19Z","sha256":"ddb8ac1130c03c0c07c5b2e04b1921c1c119a7c7d529ca9d3a5acb1fa32aba8e","source_id":"us-nh","stale":false,"prev":"us-nh/rsa-564-f-17-1701","next":"us-nh/rsa-564-f-17-1703"},"notice":"GroundRules: Original legal text. Not legal advice."}