186.088 Court-ordered indemnification.
(1) Application. Except as provided otherwise by written agreement between the director or officer and the credit union, a director or officer who is a party to a proceeding may apply for indemnification to the court conducting the proceeding or to another court of competent jurisdiction. Application shall be made for an initial determination by the court under s. 186.084 (5) or for review by the court of an adverse determination under s. 186.084 (1), (2), (3), (4) or (6). After receipt of an application, the court shall give any notice it considers necessary.
(2) Conditions. The court shall order indemnification if it determines any of the following:
(a) That the director or officer is entitled to indemnification under s. 186.083 (1) or (2). If the court also determines that the credit union unreasonably refused the director's or officer's request for indemnification, the court shall order the credit union to pay the director's or officer's reasonable expenses incurred to obtain the court-ordered indemnification.
(b) That the director or officer is fairly and reasonably entitled to indemnification in view of all the relevant circumstances, regardless of whether indemnification is required under s. 186.083 (2).
History: 1987 a. 13; 1995 a. 151.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
186.015 - Credit union review board.
186.02 - Incorporation, bylaws, amendment, fees.
186.03 - Use of name exclusive.
186.035 - Deceptive or misleading use of credit union name, logo, or symbol.
186.06 - Membership meetings, fiscal year.
186.08 - Officers, management.
186.082 - Definitions applicable to indemnification and insurance provisions.
186.083 - Mandatory indemnification.
186.084 - Determination of right to indemnification.
186.085 - Allowance of expenses as incurred.
186.086 - Credit union may limit indemnification.
186.087 - Additional rights to indemnification and allowance of expenses.
186.088 - Court-ordered indemnification.
186.089 - Indemnification and allowance of expenses of employees and agents.
186.093 - Definitions applicable to liability-related provisions.
186.094 - Reliance by directors or officers.
186.095 - Consideration of interests in addition to members' interests.
186.096 - Limited liability of directors and officers.
186.10 - Minors' rights; shares in trust.
186.112 - Credit union borrowing.
186.113 - Credit union powers.
186.114 - Savings promotion prize programs.
186.115 - Additional credit union authority.
186.116 - Financially related services tie-ins.
186.118 - Incidental powers parity with federal credit unions.
186.12 - Compensation of officers, operation expenses.
186.14 - Expelled member rights and liabilities.
186.19 - Bonding requirements.
186.21 - Credit unions promoted.
186.235 - Office of credit unions.
186.315 - Charter cancellation.
186.32 - Corporate central credit union.
186.325 - National corporate central credit union.
186.34 - Federal share insurance.
186.36 - Sale of insurance in credit unions.
186.41 - Interstate acquisitions and mergers of credit unions.
186.45 - Non-Wisconsin credit union, Wisconsin offices.
186.52 - Customer access to appraisals.
186.53 - Customer access to credit reports.
186.70 - Record search; members' inspection of records.