Wisconsin Statutes
Wis. Stat. § 706.03 (2026)
Agents, officers and guardians
✓ current as of July 2026
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706.03(1)(b)(b) “Public corporation” means this state, a county, town, city or village in this state, a subunit of the state, county, town, city or village, a special purpose district in this state or any state or municipal authority or similar organization financed in whole or in part by public funds.
706.03(1m)(1m) A conveyance signed by one purporting to act as agent for another shall be ineffective as against the purported principal unless such agent was expressly authorized, and unless the authorizing principal is identified as such in the conveyance or in the form of signature or acknowledgment. The burden of proving the authority of any such agent shall be upon the person asserting the same.
706.03(2)(2) Unless a different authorization is recorded under sub. (3) or is contained in the corporation’s articles of incorporation, any one officer of a private corporation is authorized to sign conveyances in the corporate name. The absence of a corporate seal shall not invalidate any corporate conveyance. Public corporations shall authorize and execute conveyances as provided by law.
706.03(3)(3) Any private corporation may, by resolution of its governing board, duly adopted, certified and recorded in the office of the register of deeds of the county in which a conveyance executed by such corporation is to be recorded, authorize by name or title one or more persons, whether or not officers of such corporation, to execute conveyances, either generally or with specified limitation, in the name and on behalf of such corporation. After adoption and recording of such resolution and until recording of a resolution amending or revoking the same, conveyances may be executed on behalf of such corporation only in accordance with the terms thereof.
706.03(3m)(3m) A nonprofit association, as defined in s. 184.01 (2), may authorize a person to execute conveyances of estates or interests in real property by executing and filing a statement of authority under s. 184.05.
706.03(4)(4) A conveyance by a minor or an individual adjudicated incompetent in this state is effective only if executed by an authorized guardian on behalf of the minor or individual adjudicated incompetent. This restriction does not apply if the individual’s adjudication of incompetency permits him or her to contract.
706.03 HistoryHistory: 1971 c. 228; 1975 c. 393; 1977 c. 428; 1989 a. 303; 1991 a. 16, 173; 1997 a. 140; 2005 a. 387.
706.03 AnnotationWhen a partner’s actions in a transaction on behalf of a partnership fall within the express provisions of s. 178.06 (1) [now s. 178.0301 (1)], the partner is “an agent of the partnership” and s. 178.06 (1) [now s. 178.0301 (1)] controls. When the partner’s actions do not fall within those provisions, the partner “purports to act as an agent” and this section controls. Wyss v. Albee, 193 Wis. 2d 101, 532 N.W.2d 444 (1995).
706.03 AnnotationIf the grantor’s attorney-in-fact does not have authority to exercise the power of attorney in his or her own favor, any deed that the attorney-in-fact signs to himself or herself and others is void in its entirety under sub. (1m). Lucareli v. Lucareli, 2000 WI App 133, 237 Wis. 2d 487, 614 N.W.2d 60, 99-1679.
Notes of Decisions
Cited in 12
cases (1 in the last 5 years), 1976–2026 · leading case: Wyss v. Albee, 515 N.W.2d 517 (Wis. Ct. App. 1994).
Wyss v. Albee, 515 N.W.2d 517 (Wis. Ct. App. 1994). “, applies to this case, not § 706.03, STATS. Section 178.06(1) provides: Every partner is an agent of the partnership for the purpose of its business, and the act of every partner, including the execution in the partnership name of any instrument, for apparently carrying on in…”
Wyss v. Albee, 532 N.W.2d 444 (Wis. 1995). “The issue on review is whether the statute of frauds provision of sec. 706.03, Stats., or the apparent authority provisión of the Uniform Partnership Act, sec.”
Triple Interest, Inc. v. Motel 6, Inc., 414 F. Supp. 589 (W.D. Wis. 1976). “as agent for Motel ‘6’, and, further, that it is unenforceable against it under § 706.03 because Motel ‘6’ is not identified in the agreement, the agreement is not signed by Warren & Collins, Inc.”
R.C.R. Corp. v. Bank of Middleton (In re R.C.R. Corp.), 58 B.R. 291 (W.D. Wis. 1986). “§ 706.03 Committee Comment — 1969. . WIS.”
Lucareli v. Lucareli, 2000 WI App 133 (Wis. Ct. App. 2000). “§ 706.03(lm) (1997-98) 1 and the conveyance is void.”
Glinski v. Sheldon, 276 N.W.2d 815 (Wis. 1979). “The appellants’ agency argument is controlled by sec. 706.03, Stats., which recites the following: “706.”
United States v. Occi Co., 580 F. Supp. 645 (E.D. Wis. 1984). “Defendant has offered no proof that such position was not one of “officer” within the meaning of Wis. Stat. § 706.03 (2). On the contrary, plaintiff has offered the affidavit of John J.”
Marth v. Edwards, 465 N.W.2d 248 (Wis. Ct. App. 1990). “, instead of sec. 706.03, Stats., controls in this case.”
Matter of RCR Corp., 58 B.R. 291 (Bankr. W.D. Wis. 1986). “§ 706.03 Committee Comment 1969. [3] WIS.”
K.G.R. v. Town of East Troy, 513 N.W.2d 622 (Wis. Ct. App. 1994). “11 Additionally, *230 the agreement was invalid because § 706.03, STATS., 1987, required that two corporate officers sign any conveyance on behalf of a corporation.”
CHS Capital, LLC v. Hellenbrand Farms, LLC (W.D. Wis. 2019). “03(1m) provides in pertinent part: A conveyance signed by one purporting to act as agent for another shall be ineffective as against the purported principal unless such agent was expressly authorized, and unless the authorizing principal is identified as such in the conveyance…”
Dominic Clark v. Maureen O'Leary (Wis. Ct. App. 2026). “§ 706.03(1m) requires that an individual acting as the agent of another must be authorized to do so: “A conveyance signed by one purporting to act as agent for another shall be ineffective as against the purported principal unless such agent was expressly authorized, and unless…”
— Wis. Stat. § 706.03(1) — 6 cases
Wyss v. Albee, 515 N.W.2d 517 (Wis. Ct. App. 1994). “, applies to this case, not § 706.03, STATS. Section 178.06(1) provides: Every partner is an agent of the partnership for the purpose of its business, and the act of every partner, including the execution in the partnership name of any instrument, for apparently carrying on in…”
Wyss v. Albee, 532 N.W.2d 444 (Wis. 1995). “The issue on review is whether the statute of frauds provision of sec. 706.03, Stats., or the apparent authority provisión of the Uniform Partnership Act, sec.”
Triple Interest, Inc. v. Motel 6, Inc., 414 F. Supp. 589 (W.D. Wis. 1976). “as agent for Motel ‘6’, and, further, that it is unenforceable against it under § 706.03 because Motel ‘6’ is not identified in the agreement, the agreement is not signed by Warren & Collins, Inc.”
R.C.R. Corp. v. Bank of Middleton (In re R.C.R. Corp.), 58 B.R. 291 (W.D. Wis. 1986). “§ 706.03 Committee Comment — 1969. . WIS.”
Marth v. Edwards, 465 N.W.2d 248 (Wis. Ct. App. 1990). “, instead of sec. 706.03, Stats., controls in this case.”
— Wis. Stat. § 706.03(1m) — 3 cases
Wyss v. Albee, 515 N.W.2d 517 (Wis. Ct. App. 1994). “, applies to this case, not § 706.03, STATS. Section 178.06(1) provides: Every partner is an agent of the partnership for the purpose of its business, and the act of every partner, including the execution in the partnership name of any instrument, for apparently carrying on in…”
CHS Capital, LLC v. Hellenbrand Farms, LLC (W.D. Wis. 2019). “03(1m) provides in pertinent part: A conveyance signed by one purporting to act as agent for another shall be ineffective as against the purported principal unless such agent was expressly authorized, and unless the authorizing principal is identified as such in the conveyance…”
Dominic Clark v. Maureen O'Leary (Wis. Ct. App. 2026). “§ 706.03(1m) requires that an individual acting as the agent of another must be authorized to do so: “A conveyance signed by one purporting to act as agent for another shall be ineffective as against the purported principal unless such agent was expressly authorized, and unless…”
— Wis. Stat. § 706.03(2) — 4 cases
R.C.R. Corp. v. Bank of Middleton (In re R.C.R. Corp.), 58 B.R. 291 (W.D. Wis. 1986). “§ 706.03 Committee Comment — 1969. . WIS.”
Matter of RCR Corp., 58 B.R. 291 (Bankr. W.D. Wis. 1986). “§ 706.03 Committee Comment 1969. [3] WIS.”
United States v. Occi Co., 580 F. Supp. 645 (E.D. Wis. 1984). “Defendant has offered no proof that such position was not one of “officer” within the meaning of Wis. Stat. § 706.03 (2). On the contrary, plaintiff has offered the affidavit of John J.”
K.G.R. v. Town of East Troy, 513 N.W.2d 622 (Wis. Ct. App. 1994). “11 Additionally, *230 the agreement was invalid because § 706.03, STATS., 1987, required that two corporate officers sign any conveyance on behalf of a corporation.”
— Wis. Stat. § 706.03(3) — 2 cases
R.C.R. Corp. v. Bank of Middleton (In re R.C.R. Corp.), 58 B.R. 291 (W.D. Wis. 1986). “§ 706.03 Committee Comment — 1969. . WIS.”
Matter of RCR Corp., 58 B.R. 291 (Bankr. W.D. Wis. 1986). “§ 706.03 Committee Comment 1969. [3] WIS.”
— Wis. Stat. § 706.03(lm) — 2 cases
Lucareli v. Lucareli, 2000 WI App 133 (Wis. Ct. App. 2000). “§ 706.03(lm) (1997-98) 1 and the conveyance is void.”
Wyss v. Albee, 515 N.W.2d 517 (Wis. Ct. App. 1994). “, applies to this case, not § 706.03, STATS. Section 178.06(1) provides: Every partner is an agent of the partnership for the purpose of its business, and the act of every partner, including the execution in the partnership name of any instrument, for apparently carrying on in…”
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