Section Jus 402.01 - Registration Requirement(a) Except as described in Jus 402.01(c), any charitable trust that is New Hampshire-based shall register with the charitable trusts unit in accordance with RSA 7:28, I. (b) Except as described in Jus 402.01(c), any charitable trust that is not New Hampshire-based but has reasonable minimum contacts in New Hampshire shall register with the charitable trusts unit in accordance with RSA 7:28, I.(c) Registration in accordance with RSA 7:28, I shall not apply to the following:(1) The United States, any state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or to any of their agencies or governmental subdivisions;(2) Any religious organization;(3) Any express trust in which any charitable interests remain revocable by the settlor;(4) Any express trust, including a charitable remainder trust, charitable lead annuity trust, or testamentary trust, that has a present obligation to make distributions to charitable beneficiary(ies), provided that: a. The charitable interests are fully distributed within one year from the inception of the trustee's power pursuant to the trust instrument or probate court order to make such distributions; andb. The trust complies with Jus 403.01 or Jus 403.02, if applicable;(5) Any express trust, including a charitable remainder trust, that is irrevocable but has no present obligation to make distributions to charitable beneficiaries, provided that the trust complies with Jus 403.02;(6) Any estate subject to probate court administration that involves a will which includes a charitable bequest, provided that the administrator complies with Jus 403.01, if applicable; and(7) Any donated conservation easement or interest in real estate donated for a charitable purpose.N.H. Admin. Code § Jus 402.01
Derived from Volume XLII Number 45, Filed November 10, 2022, Proposed by #13455, Effective 10/7/2022, Expires 10/7/2032