New Hampshire Revised Statutes 293-B:22 – Access to and Confidentiality of Information; Records
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I. Except to the extent otherwise provided in the governing instrument of a New Hampshire investment trust, each beneficial owner of a New Hampshire investment trust has the right, subject to such reasonable standards, including standards governing what information and documents are to be furnished at what time and location and at whose expense, as may be established by the trustees, to obtain from the New Hampshire investment trust from time to time upon reasonable demand for any purpose reasonably related to the beneficial owner’s interest as a beneficial owner of the New Hampshire investment trust:
(a) A copy of the governing instrument and certificate of trust and all amendments thereto, together with copies of any written powers of attorney pursuant to which the governing instrument and any certificate and any amendments thereto have been executed;
(b) A current list of the name and last known business, residence, or mailing address of each beneficial owner and trustee;
(c) Information regarding the business and financial condition of the New Hampshire investment trust, provided that, notwithstanding any other provision of this chapter to the contrary, unless the governing instrument of a New Hampshire investment trust so expressly provides, information regarding the identity or trading positions of any securities or other assets held by the New Hampshire investment trust at any time or the investment strategy or proposed purchase or sale of any securities or other assets need not be disclosed to any beneficial owners who are also not trustees; and
(d) Other information regarding the affairs of the New Hampshire investment trust as is just and reasonable.
II. Except to the extent otherwise provided in the governing instrument of a New Hampshire investment trust, each trustee shall have the right to examine all the information described in paragraph I of this section for any purpose reasonably related to the trustee’s position as a trustee.
III. Except to the extent otherwise provided in the governing instrument of a New Hampshire investment trust, the trustees of a New Hampshire investment trust shall have the right to keep confidential from the beneficial owners, for such period of time as the trustees deem reasonable, any information that the trustees reasonably believe to be in the nature of trade secrets or other information, the disclosure of which the trustees in good faith believe is not in the best interest of the New Hampshire investment trust or could damage the New Hampshire investment trust or its business or which the New Hampshire investment trust is required by law or by agreement with a third party to keep confidential.
IV. A New Hampshire investment trust may maintain its records in other than a written form if such form is capable of conversion into a written form within a reasonable time.
V. Any demand by a beneficial owner or trustee under this section shall be in writing and shall state the purpose of such demand.
(a) A copy of the governing instrument and certificate of trust and all amendments thereto, together with copies of any written powers of attorney pursuant to which the governing instrument and any certificate and any amendments thereto have been executed;
Terms Used In New Hampshire Revised Statutes 293-B:22
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Beneficial owner: means any owner of a beneficial interest in a New Hampshire investment trust, the fact of ownership to be determined and evidenced (whether by means of registration, the issuance of certificates, or otherwise) in conformity to the applicable provisions of the governing instrument of the New Hampshire investment trust. See New Hampshire Revised Statutes 293-B:2
- Governing instrument: means any instrument (whether referred to as a trust agreement, declaration of trust, or otherwise) which creates a New Hampshire investment trust or provides for the governance of the affairs of the New Hampshire investment trust and the conduct of its investment activities. See New Hampshire Revised Statutes 293-B:2
- New Hampshire investment trust: means a "qualified investment company" as defined in N. See New Hampshire Revised Statutes 293-B:2
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
- Trustee: means the person or persons appointed as a trustee in accordance with the governing instrument of a New Hampshire investment trust to manage the business, investment activity, and affairs of such New Hampshire investment trust, and may include the beneficial owners or any of them. See New Hampshire Revised Statutes 293-B:2
- Trustee: A person or institution holding and administering property in trust.
(b) A current list of the name and last known business, residence, or mailing address of each beneficial owner and trustee;
(c) Information regarding the business and financial condition of the New Hampshire investment trust, provided that, notwithstanding any other provision of this chapter to the contrary, unless the governing instrument of a New Hampshire investment trust so expressly provides, information regarding the identity or trading positions of any securities or other assets held by the New Hampshire investment trust at any time or the investment strategy or proposed purchase or sale of any securities or other assets need not be disclosed to any beneficial owners who are also not trustees; and
(d) Other information regarding the affairs of the New Hampshire investment trust as is just and reasonable.
II. Except to the extent otherwise provided in the governing instrument of a New Hampshire investment trust, each trustee shall have the right to examine all the information described in paragraph I of this section for any purpose reasonably related to the trustee’s position as a trustee.
III. Except to the extent otherwise provided in the governing instrument of a New Hampshire investment trust, the trustees of a New Hampshire investment trust shall have the right to keep confidential from the beneficial owners, for such period of time as the trustees deem reasonable, any information that the trustees reasonably believe to be in the nature of trade secrets or other information, the disclosure of which the trustees in good faith believe is not in the best interest of the New Hampshire investment trust or could damage the New Hampshire investment trust or its business or which the New Hampshire investment trust is required by law or by agreement with a third party to keep confidential.
IV. A New Hampshire investment trust may maintain its records in other than a written form if such form is capable of conversion into a written form within a reasonable time.
V. Any demand by a beneficial owner or trustee under this section shall be in writing and shall state the purpose of such demand.