RSA 564-F:18-1805 · Limitation of Action Against a Foundation Official

564-F:18-1805 Limitation of Action Against a Foundation Official. –

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(a)

A judicial proceeding against a foundation official for breach of duty may be commenced only within the earliest of:

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(1)

In the case of a claim by a beneficiary, one year after the beneficiary was sent a report that adequately disclosed the existence of a potential claim for breach of duty;

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(2)

Except as provided in subsection (a)(3), 3 years after the earliest of:

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(A)

The foundation official's removal, resignation, or death;

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(B)

The termination of the beneficiary's interest;

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(C)

The foundation's dissolution or

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(3)

If the act or omission was not discovered and could not reasonably have been discovered at the time of the act or omission, one year after the earlier of:

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(A)

The discovery of the act or omission; or

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(B)

In the exercise of reasonable diligence, the date on which the act or omission should have been discovered.

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(b)

A report adequately discloses the existence of a potential claim for breach of duty if it provides sufficient information so that the beneficiary or the beneficiary's representative knows of the potential claim or should have inquired into its existence.

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(c)

The limitation periods under this section shall not be tolled for any reason, except by a court order or a written agreement between the foundation official and the beneficiary. Source. 2017, 257:47, eff. Oct. 1, 2017. 2018, 210:17, eff. June 8, 2018.

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