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NEW HAMPSHIRE STATUTES AND CODES

Section 564-D:4 Persons Not Eligible to be Considered a Qualified Trustee; Appointment of Trust Advisors.

Neither the transferor nor any other natural person who is a nonresident of this state nor an entity that is not authorized by the law of this state to act as a trustee or whose activities are not subject to supervision as provided in RSA 564-D:3 may be considered a qualified trustee. However, nothing in this chapter precludes a transferor from appointing one or more trust advisors (whether or not such trust advisors would meet the requirements imposed by RSA 564-D:3), including, but not limited to:
   I. Trust advisors who have authority under the terms of the trust instrument to remove and appoint qualified trustees or trust advisors; and
   II. Trust advisors who have authority under the terms of the trust instrument to direct, consent to, or disapprove distribution from the trust. For purposes of this section, the term trust advisor includes a trust advisor as described in RSA 564-B:1-103(27), a trust protector as described in RSA 564-B:1-103(28), or any other person who, in addition to a qualified trustee, holds one or more trust powers.

Source. 2008, 374:27, eff. Sept. 9, 2008.

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