RSA 564-F:2-202 · Rules of Construction

564-F:2-202 Rules of Construction. –

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(a)

In interpreting or construing this chapter or a provision of a governing document, the power or obligation to distribute, appoint, or direct the distribution of property to a person includes the power to distribute, appoint, or direct the distribution of the property for the benefit of that person.

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(b)

In interpreting or construing this chapter or a provision of a governing document, the following considerations shall apply:

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(1)

Primary consideration shall be given to the preservation of the founder's intent as expressed in the governing documents.

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(2)

Secondary consideration shall be given to the following objectives, in no order of priority among them:

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(A)

The protection of the beneficiaries' interests consistent with the founder's intent as expressed in the governing documents;

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(B)

The promotion of certainty concerning the foundation officials' duties, powers, and liabilities, including the division of those duties, powers, and liabilities among the foundation officials; and

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(C)

The promotion of the efficient administration of the foundation.

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(c)

The word "include" and any variants of that word shall be construed as words of enlargement and shall not be construed as words of limitation or restriction. Source. 2017, 257:47, eff. Oct. 1, 2017. ARTICLE 3 Formation

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