RSA 301-B:10 · Powers

301-B:10 Powers. –

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I.

Unless the bylaws provide otherwise, every New Hampshire DAO shall have the power to do all things necessary or convenient to carry out its activities, business, and internal affairs, including the capacity to sue and be sued in its own name, and the power to acquire, own, hold, develop, or dispose of property, both movable and immovable.

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II.

Except as provided in paragraph III, the validity of an action taken by a New Hampshire DAO may not be challenged on the ground that the New Hampshire DAO lacks or lacked power to act.

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III.

A New Hampshire DAO's power to act may be challenged:

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(a)

In a proceeding by a participant against the New Hampshire DAO to enjoin the act;

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(b)

In a proceeding by the New Hampshire DAO, directly, derivatively, or through a receiver, trustee, or other legal representative, against an incumbent or former participant or administrator of the New Hampshire DAO; or

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(c)

In a proceeding by the attorney general under RSA 301-B:24 to deregister the New Hampshire DAO.

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IV.

In a participant proceeding under RSA 301-B:10, III(a) to enjoin an unauthorized act of a New Hampshire DAO, the court may enjoin or set aside the act if to do so is equitable and if all affected persons are parties to the proceeding, and the court may award damages for loss, other than anticipated profits, suffered by the New Hampshire DAO or another party because of enjoining the unauthorized act. Source. 2024, 263:1, eff. July 1, 2025.

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