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The duties of board members serving NH Charities

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The duties of board members serving NH Charities


New Hampshire is home to thousands of charitable organizations that provide essential services and resources to those in need such as food, shelter, healthcare, and education. Although many support charities by serving on their boards of directors, not all are aware of the legal duties that apply to their board service.  The Charitable Trusts Unit of the NH Office of the Attorney General’s Guidebook for New Hampshire Charitable Organizations (5th ed. 2022) (the “Guidebook”) explains these legal duties in detail and is essential reading for new and experienced board members.  This article summarizes the three primary legal duties of charitable board members as described in the Guidebook. 

Duty of Care: The duty of care requires board members to be active and well-informed in order to make decisions that are in the best interests of the organization. To satisfy this duty, among other things, board members must attend board and committee meetings; read board materials, agendas, minutes, and documents; engage in board discussions and votes; and make decisions based on their independent judgment.  In addition, board members must engage in the budget process to ensure that the organization is operating in a fiscally-responsible manner in compliance with state and federal law, and the charity’s internal policies and procedures.  Suffice it to say, appearing at board meetings without having read the agenda or understanding the issues to be addressed does not satisfy the duty of care.

Duty of Loyalty: The duty of loyalty requires board members to always act in the best financial interests of the charity and to avoid conflicts of interest that may result in personal financial gain unless pecuniary benefit rules are followed.  In other words, a board member should not enrich themselves at the expense of the charity they serve.  Each charity should have a conflict-of-interest policy and associated conflicts questionnaire that requires new and existing board members to disclose any existing or potential, direct or indirect, conflicts of interest and to actively monitor and disclose future conflicts.

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If the charity is contemplating entering into a transaction in which a board member has a financial interest (e.g., charity contracts with a company owned by the board member), the board member should recuse themselves from the board discussion and voting processes and the charity should disclose the transaction to the Charitable Trusts Unit and the public in accordance with RSA 7:19-a, New Hampshire’s pecuniary benefit transaction law.  The dollar amount of the transaction governs the charity’s reporting obligations and voting procedures.  Because the pecuniary benefit law will be triggered based on “direct and indirect” financial interests of board members, those serving on a board should carefully review their organization’s conflict of interest policy and timely disclose conflicts to avoid violating the duty of loyalty.  

Duty of Obedience: The duty of obedience requires board members to ensure that the charity fulfills its mission, complies with all applicable laws and reporting obligations, and honors donor restrictions on donated funds.  Board members should scrutinize uses of funds that do not support the mission or purpose of the organization as stated in its foundational documents (e.g., Articles of Agreement).  Board members should also educate themselves on the laws and reporting obligations applicable to their organization and monitor compliance (e.g., IRS Form 990 filing, NH nonprofit report filing).  Ultimately, if laws are violated or mandatory reports are not filed, the board—not the organization’s executive director—will be required to answer to legal authorities.  Ask questions, educate yourself, and speak up if you see something wrong. 

Service on a charitable board can be a rich and rewarding experience.  Before joining a board, honestly assess whether you have the time necessary to fulfill the important duties described above.  If not, do not join the board and support the organization in other ways like donations, volunteering, or service on a board committee.  If you join the board, comply with these legal duties as explained fully in the Guidebook, which can be accessed at https://www.doj.nh.gov/charitable-trusts/documents/guidebook-non-profit-organizations.pdf.  The Charitable Trusts Unit, the NH Center for Non-Profits, Guidestar, BoardSource, and other organizations have free online resources covering these and other charitable and non-profit governance topics for those looking to become better informed, more effective board members.

Jason Gregoire serves as Chair of the Healthcare Group at SheehanPhinney. He assists physicians, dentists, optometrists, and other health care practitioners in employment and professional practice transitions including negotiating employment contracts, shareholder buy-ins, and practice sales and acquisitions. He has represented physician practices in sales to hospital systems and dental practices in sales to Dental Service Organizations (DSOs).

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New Hampshire

Intriguing proposed laws in New Hampshire legislature – Concord Monitor

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Intriguing proposed laws in New Hampshire legislature – Concord Monitor


With lots of legislators, New Hampshire gets lots of proposed laws.

As the New Year approached, the 400 members of the House and 24 senators proposed more than 1,140 potential bills in the form of Legislative Service Requests, or LSRs. Many deal with high-profile subjects like school funding, but a hunt through the list finds plenty of intriguing topics that don’t get as much attention.

You can search the list online at gc.nh.gov/lsr_search/.

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Here are a few. Many of these, perhaps most, will never even make it to a full legislative vote, so don’t expect them to become laws any time soon.

David Brooks can be reached at dbrooks@cmonitor.com. Sign up for his Granite Geek weekly email newsletter at granitegeek.org.
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New Hampshire

2 killed, 1 seriously injured in NH crash

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2 killed, 1 seriously injured in NH crash


Two people are dead and another person has serious injuries following a crash Friday in Rumney, New Hampshire.

The Rumney Fire Department says it responded to Route 25 just after 1:30 p.m. for a motor vehicle crash with entrapment. Crews, including from Plymouth-Fire Rescue and the Wentworth Fire Department, arrived on scene to find two vehicles in the road that appeared to have been involved in a head-on collision.

The driver from one vehicle was taken to a local hospital with serious injuries, the fire department said. The driver and a passenger in the second vehicle were both pronounced dead on scene.

The victims’ names have not been released at this time.

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Route 25 was closed for approximately five hours for an on-scene investigation and clean up, the fire department said.

It’s unclear what caused the fatal crash. The Rumney Police Department is investigating.



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Fireball spotted streaking over towns in southeast New Hampshire: video

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Fireball spotted streaking over towns in southeast New Hampshire: video


An eagle-eyed photographer captured the moment a shining fireball cut across the sky in southeast New Hampshire early Saturday evening.

Rob Wright, a professional photographer based in New Hampshire, shared dash camera footage of the suspected meteor — which he called a “bright green boldie” — blazing straight downwards while he was cruising through Portsmouth.

“That was one of the best I’ve seen and likely the best I’ve ever caught on camera,” Wright boasted on Facebook.

Dash camera footage captured a fireball beaming in the sky on Saturday. Rob Wright/Storyful

Wright was approaching a traffic circle in the coastal town when a pulsing yellow light appeared in the sky. It tracked downwards in a straight line and released a brighter spurt of light before disappearing entirely, all in the span of eight seconds, according to the video.

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Others in Nashua and Londonderry, both located southwest of Portsmouth and closer to the Massachusetts border, told WMUR that they also saw the suspected meteor.

The “bright green boldie” blazed over multiple towns in New Hampshire. Rob Wright/Storyful

Several other highlighted sightings around the same time in Dover, Bedford, Rindge, Hooksett and Jaffrey, which are all within a 90-mile radius of Portsmouth, according to the American Meteor Society.

Locals who follow Wright’s work reported seeing the fireball, too. One woman who also lives in Portsmouth commented that she “thought it must have been a firework.”

It’s unclear what exactly the fireball was.

It’s unclear what exactly the supposed fireball was. Rob Wright/Storyful

Meteorites present similarly to a fireball when they’re plummeting from orbit — but leave a more obvious impact.

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In August, a 3-foot meteor splintered in the air while it was flying over Georgia and left fragments scattered all over Newton County. The explosion caused a sonic boom equivalent to 20 tons of TNT exploding at once.

Pieces of the meteor were found all over the county, including one that crashed through the roof of a home.

Over the summer in 2024, a meteor disintegrated about 30 miles above Midtown Manhattan. The force shook parts of New York City, rattling midday commuters.



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