Wis. Stat. » CHAPTER 183 — UNIFORM LIMITED LIABILITY COMPANY LAW
Wisconsin Statutes

Wis. Stat. § 183.0802 (2026)

Derivative action

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183.0802183.0802 Derivative action. A member may maintain a derivative action to enforce a right of a limited liability company if any of the following applies:
183.0802(1)(1) The member first makes a demand on the other members of a member-managed limited liability company, or the managers of a manager-managed limited liability company, requesting that they cause the limited liability company to bring an action to enforce the right, and the managers or other members do not bring the action within a reasonable time.
183.0802(2)(2) A demand under sub. (1) would be futile.
183.0802 HistoryHistory: 2021 a. 258.
Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2005–2024 · leading case: Lenticular Eur., LLC v. Cunnally, 2005 WI App 33, 693 N.W.2d 302.
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Lenticular Eur., LLC v. Cunnally, 2005 WI App 33, 693 N.W.2d 302. · cites it 4× “1101 (1), Len-ticular Corp's vote on bringing the action had to be excluded because it had "an interest in the outcome of the action that is adverse to the interest of the limited liability company," and (2) under Wis. Stat. § 183.0802 , Lenticular Corp ceased to be a member…”
Ahmed H. Alurf v. Corey Rickey Johnson, No. 2023AP000537 (Wis. Ct. App. July 10, 2024). · cites it 3× “Interpretation of § 183.0802 also requires a review of related definitions.”
Wis. Stat. § 183.0802(1)(a): 1 case
Ahmed H. Alurf v. Corey Rickey Johnson, No. 2023AP000537 (Wis. Ct. App. July 10, 2024). “Interpretation of § 183.0802 also requires a review of related definitions.”
Wis. Stat. § 183.0802(3)(a): 1 case
Ahmed H. Alurf v. Corey Rickey Johnson, No. 2023AP000537 (Wis. Ct. App. July 10, 2024). “Interpretation of § 183.0802 also requires a review of related definitions.”
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