§ 564-F:2-202 — Rules of Construction

(a) In interpreting or construing this chapter or a provision of a governing document, the power or obligation to distribute, appoint, or direct the distribution of property to a person includes the power to distribute, appoint, or direct the distribution of the property for the benefit of that person.
(b) In interpreting or construing this chapter or a provision of a governing document, the following considerations shall apply:
(1) Primary consideration shall be given to the preservation of the founder's intent as expressed in the governing documents.
(2) Secondary consideration shall be given to the following objectives, in no order of priority among them:
(A) The protection of the beneficiaries' interests consistent with the founder's intent as expressed in the governing documents;
(B) The promotion of certainty concerning the foundation officials' duties, powers, and liabilities, including the division of those duties, powers, and liabilities among the foundation officials; and
(C) The promotion of the efficient administration of the foundation.
(c) The word "include" and any variants of that word shall be construed as words of enlargement and shall not be construed as words of limitation or restriction.

Legislative History

2017, 257:47, eff. Oct. 1, 2017.