564-F:18-1808 Exculpation of a Foundation Official. – (a) Subject to subsection (b), a provision of the governing documents relieving a foundation official of liability for breach of duty is enforceable except to the extent that the provision relieves the foundation official of liability for a breach of duty for: (1) Failing to act in good faith; or (2) Acting with reckless indifference to the foundation's purposes or the beneficiaries' interests. (b) A provision of the governing documents relieving a foundation official of liability for breach of duty is unenforceable if the provision was inserted as the result of an abuse by the foundation official of a fiduciary or confidential relationship to the founder. Source. 2017, 257:47, eff. Oct. 1, 2017.
New Hampshire Legal Code