§ 564-F:4-401 — Name

(a) A foundation's name shall contain the word "foundation," "stichting," or the abbreviation "fnd." or "stak."
(b) A foundation's name shall not contain language stating or implying that the foundation is organized for a purpose other than that permitted by this chapter and the foundation's certificate of formation.
(c) Except as authorized by subsections (d) and (e), a foundation's name shall be distinguishable from and not the same as:
(1) The name of an entity incorporated, authorized, formed, or registered to transact business in this state under RSA 292, RSA 293-A, RSA 293-B, RSA 294-A, RSA 301, RSA 301-A, RSA 304-A, RSA 304-B, RSA 304-C, RSA 305-A, RSA 383-E, RSA 349, or this chapter;
(2) A name reserved or registered under RSA 293-A, RSA 293-B, RSA 304-A, RSA 304-B, RSA 304-C, or this chapter;
(3) The fictitious name adopted by a foreign entity authorized to transact business in this state because its real name is unavailable;
(4) The name of an agency or instrumentality of the United States or this state or a subdivision of this state;
(5) The name of any political party recognized under RSA 652:11, unless written consent is obtained from the authorized representative of the political organization; and
(6) The name "farmers' market" unless the foundation meets the definition of "farmers' market" under RSA 21:34-a, V.
(d) A foundation may apply to the secretary of state for authorization to use a name that is not distinguishable from, or is the same as, one or more of the names described in subsection (c) as determined from review of the records of the secretary of state.
(e) The secretary of state shall authorize use of the name that a foundation applies to use if:
(1) In the case of a name that is not distinguishable from a name described in subsection (c), each holder of the name described in subsection (c) consents to the foundation's use of that name;
(2) In the case of a name that is the same as a name described in subsection (c), each holder of the name described in subsection (c) consents to the foundation's use of that name and one or more words are added to the name so that the foundation's name is distinguishable from the name described in subsection (c);
(3) The entity that has a name described in subsection (c) consents to the foundation's use of that name, and the entity undertakes to change its name to a name that is distinguishable from, and not the same as, the name that the foundation is applying to use; or
(4) The foundation delivers to the secretary of state a certified copy of the final judgment of a court of competent jurisdiction establishing the foundation's right to use the name that the foundation applied to use in this state.
(f) Any consent under subsection (e)(1) or (e)(2) must be filed with the secretary of state.
(g) Any undertaking under subsection (e)(3) must be made in a form satisfactory to the secretary of state and must be filed with the secretary of state.
(h) A foundation may use the name, including the fictitious name, of another domestic or foreign entity that is used in this state if:
(1) The other entity is incorporated, authorized, formed, or registered to transact business in this state; and
(2) The foundation:
(A) Has merged with the other entity;
(B) Has been formed by reorganization of the other entity; or
(C) Has acquired all or substantially all of the assets, including the name, of the other entity.
(i) This section does not:
(1) Prohibit an entity incorporated, authorized, formed, or registered to transact business in this state from using the word "foundation" or an abbreviation of that word in the entity's name;
(2) Control the use of fictitious names; or
(3) Prohibit the owner or owners of a trade name registered under RSA 349 to form a foundation under the same name as the trade name.

Legislative History

2017, 257:47, eff. Oct. 1, 2017. 2018, 210:5, eff. June 8, 2018.