RSA 564-F:17-1702 Reformation.
Title: LVI - PROBATE COURTS AND DECEDENTS' ESTATES
Chapter: 564-F - NEW HAMPSHIRE FOUNDATION ACT
(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:
(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
(2) The founder's intent is proven by clear and convincing evidence;
(3) The mistake is proven by clear and convincing evidence; and
(4) The reformation does not violate any of the foundation's material purposes.
(b) A court may reform a foundation's certificate of formation or its bylaws for purposes of achieving the founder's tax objectives if:
(1) The reformation is con