Section 564-F:17-1701 - Modification(a) A court may modify a foundation's certificate of formation or its bylaws if: (1) All of the foundation officials consent to the modification;(2) All of the beneficiaries consent to the modification;(3) To the extent that the foundation is a charitable trust, the director of charitable trusts consents to the modification; and(4) The modification does not violate any of the foundation's material purposes. (b) A court may modify a foundation's certificate of formation or its bylaws if: (1) Due to circumstances that the founder did not anticipate, modification will further the foundation's purposes;(2) The modification is consistent with the founder's probable intent; and(3) The modification does not violate any of the foundation's material purposes. (c) A court may modify a foundation's certificate of formation or its bylaws if: (1) The foundation's continuation would be impractical, wasteful, or impair the foundation's administration;(2) The modification is consistent with the founder's intent; and(3) The modification does not violate any of the foundation's material purposes. (d) Any of the following persons may commence a judicial proceeding seeking modification of a foundation's certificate of formation or its bylaws under this section: (1) A foundation official;(2) Unless the governing documents provide otherwise, a beneficiary; or(3) To the extent that the foundation is a charitable trust, the director of charitable trusts.Added by 2017, 257:47, eff. 10/1/2017. 2017, 257:47, eff. Oct. 1, 2017.