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2018 New Hampshire Revised Statutes
Title LVI - Probate Courts and Decedents' Estates
Chapter 564-F - New Hampshire Foundation Act
Section 564-F:21-2116 - Administrative Cancellation.
Universal Citation: NH Rev Stat § 564-F:21-2116 (2018)
564-F:21-2116 Administrative Cancellation. –
(a) The secretary of state may administratively cancel a foreign foundation's registration if:
(1) For 2 consecutive years, the foreign foundation does not pay the annual fee, late filing fee, or any penalty imposed by this chapter or other law within 60 days after the fee or penalty is due;
(2) For 2 consecutive years, the foreign foundation does not file its annual report with the secretary of state within 60 days after the annual report is due;
(3) For a period of 60 days or more, the foreign foundation does not have a registered agent or a registered office;
(4) Within 60 days any of the following events, the foreign foundation fails to file with the secretary of state the requisite notice of the event:
(A) A change of its registered agent;
(B) A change of its registered office;
(C) A registered agent's resignation; or
(D) The discontinuance of its registered office.
(5) The period of foreign foundation's duration stated in its certificate of registration expires.
(6) The foreign foundation files with the secretary of state any report or other document that:
(A) Is required or permitted to be filed under this chapter;
(B) Contains a misrepresentation of any material matter; or
(7) The secretary of state receives a duly authenticated certificate from the secretary of state or other official having custody of the foundation's records in the jurisdiction in which the foreign foundation is organized stating that the foreign foundation has been dissolved or has ceased to exist as the result of a merger.
(b) The secretary of state may administratively dissolve a foreign foundation under subsection (a) by sending the following documents to the foreign foundation at the foreign foundation's principal office:
(1) A notice of dissolution; and
(2) An application for reinstatement.
(c) The notice of dissolution shall set forth:
(1) The grounds for dissolution; and
(2) The effective date of dissolution.
(d) The cancellation of the foreign foundation's registration is effective on the date of the notice of dissolution.
(a) The secretary of state may administratively cancel a foreign foundation's registration if:
(1) For 2 consecutive years, the foreign foundation does not pay the annual fee, late filing fee, or any penalty imposed by this chapter or other law within 60 days after the fee or penalty is due;
(2) For 2 consecutive years, the foreign foundation does not file its annual report with the secretary of state within 60 days after the annual report is due;
(3) For a period of 60 days or more, the foreign foundation does not have a registered agent or a registered office;
(4) Within 60 days any of the following events, the foreign foundation fails to file with the secretary of state the requisite notice of the event:
(A) A change of its registered agent;
(B) A change of its registered office;
(C) A registered agent's resignation; or
(D) The discontinuance of its registered office.
(5) The period of foreign foundation's duration stated in its certificate of registration expires.
(6) The foreign foundation files with the secretary of state any report or other document that:
(A) Is required or permitted to be filed under this chapter;
(B) Contains a misrepresentation of any material matter; or
(7) The secretary of state receives a duly authenticated certificate from the secretary of state or other official having custody of the foundation's records in the jurisdiction in which the foreign foundation is organized stating that the foreign foundation has been dissolved or has ceased to exist as the result of a merger.
(b) The secretary of state may administratively dissolve a foreign foundation under subsection (a) by sending the following documents to the foreign foundation at the foreign foundation's principal office:
(1) A notice of dissolution; and
(2) An application for reinstatement.
(c) The notice of dissolution shall set forth:
(1) The grounds for dissolution; and
(2) The effective date of dissolution.
(d) The cancellation of the foreign foundation's registration is effective on the date of the notice of dissolution.
Source. 2017, 257:47, eff. Oct. 1, 2017.
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