Wisconsin Statutes & Annotations
Chapter 193 - Unincorporated cooperative associations.
193.971 - Barring of claims.

193.971 Barring of claims.
(1) Claims barred. Except as provided in s. 193.951 (3), a creditor or claimant who does not file a claim or bring an action during the pendency of the dissolution proceedings or has not brought an action before the commencement of the dissolution proceedings, and all those claiming through or under the creditor or claimant, are forever barred from bringing an action to collect on that claim or otherwise enforcing it, except as provided in this section.
(2) Certain claims allowed for good cause. Except as provided in s. 193.951 (3), within one year after the date on which the articles of dissolution are filed under s. 193.905 (5) or an order of dissolution is issued under s. 193.961, a creditor or claimant who shows good cause for not having previously filed the claim may apply to the circuit court to allow a claim against the cooperative's undistributed assets or, if the undistributed assets are not sufficient to satisfy the claim, against a person to the extent of the distributions received by that person in the dissolution by virtue of that person's status as a member.
(3) Certain omitted claims allowed. A person to whom is owed a debt, obligation, or liability incurred during an action under s. 193.931 (1), but who is not paid before the distribution of assets and proceeds under s. 193.935 (3) (f), may bring an action to recover on the claim against the officers, directors, or members of the cooperative before the expiration of the applicable statute of limitations.
History: 2005 a. 441.

Structure Wisconsin Statutes & Annotations

Wisconsin Statutes & Annotations

Chapter 193 - Unincorporated cooperative associations.

193.001 - Citation.

193.005 - Definitions.

193.105 - Use of term “cooperative" restricted.

193.111 - Filing fees and other requirements.

193.115 - Registered office and agent.

193.121 - Legal recognition of electronic records and signatures.

193.201 - Organizational purpose.

193.203 - Exceptions.

193.205 - Organizers.

193.211 - Cooperative name.

193.215 - Articles of organization and notice of mailing address.

193.221 - Amendment of articles.

193.225 - Conversion to cooperative.

193.231 - Curative filing.

193.241 - Bylaws.

193.245 - Cooperative records.

193.301 - Cooperative powers.

193.305 - Emergency powers.

193.311 - Agricultural product and commodity marketing contracts.

193.315 - Indemnification and insurance against securities law claims.

193.401 - Board governs cooperative.

193.405 - Number of directors.

193.411 - Election of directors.

193.415 - Removal of directors.

193.417 - Resignation of directors.

193.421 - Filling vacancies.

193.423 - Allocation of voting authority among directors.

193.425 - Board meetings.

193.431 - Quorum; presence of objecting director.

193.435 - Actions of the board.

193.441 - Actions without a meeting.

193.443 - Board authority concerning certain cooperative property.

193.445 - Audit committee.

193.451 - Committees.

193.455 - Conduct and liability of directors.

193.461 - Director conflicts of interest.

193.465 - Limitation of director's liability in articles or bylaws.

193.471 - Indemnification.

193.475 - Officers.

193.478 - Director Education.

193.501 - Members.

193.505 - Member liability.

193.511 - Regular members' meetings.

193.515 - Special members' meetings.

193.518 - Effect of insufficient notice.

193.521 - Certification of notice.

193.523 - Electronic notice.

193.524 - Revocation of electronic communication.

193.525 - Quorum at members' meeting.

193.531 - Virtual members' meetings and attendance.

193.535 - Actions of the members.

193.541 - Actions without a members' meeting.

193.545 - Member voting rights.

193.551 - Patron member voting based on patronage.

193.553 - Voting rights limited to members as of date certain.

193.555 - Voting rights of nonmembers.

193.557 - Voting of jointly owned membership interests.

193.559 - Cumulative voting by members.

193.561 - Voting by business entities, subsidiaries, legal representatives, and holders of security interests.

193.565 - Voting by proxy.

193.571 - Member authority concerning certain cooperative property.

193.601 - Membership interests.

193.605 - Cooperative securities.

193.611 - Assignment of financial rights.

193.615 - Nature and terms of a membership interest and statement of interest owned.

193.621 - Certificated membership interests.

193.625 - Replacement certificates.

193.631 - Restriction on transfer or registration of membership interests.

193.701 - Authorization, form, and acceptance.

193.702 - Valuation; presumption and liability.

193.705 - Restated value of previous contributions.

193.711 - Contribution agreements.

193.715 - Contribution rights agreements.

193.721 - Allocations of profits and distributions of cash and other assets.

193.725 - Allocations and distributions of profits to patron members.

193.731 - Member control agreements.

193.735 - Distribution of unclaimed property.

193.801 - Merger and consolidation.

193.805 - Merger of subsidiary or parent.

193.807 - Effective date; effect of merger or consolidation.

193.835 - Abandonment of merger.

193.905 - Voluntary dissolution; winding up.

193.911 - Revocation of dissolution proceedings.

193.925 - Court-supervised voluntary dissolution.

193.931 - Involuntary dissolution.

193.935 - Procedure in involuntary or court-supervised voluntary dissolution.

193.941 - Receiver qualifications and powers.

193.951 - Filing claims in involuntary or court-supervised voluntary dissolution proceedings.

193.955 - Discontinuance of court-supervised dissolution proceedings.

193.961 - Order of dissolution.

193.971 - Barring of claims.