Wis. Stat. § 183.0402

Current through Acts 2023-2024, ch. 272
Section 183.0402 - Form of contribution
(1) A contribution may consist of money or property transferred to, services performed for, or another benefit provided to the limited liability company or an agreement to transfer money or property to, perform services for, or provide another benefit to the company.
(2) The value of a member's contribution shall be determined in the manner provided in an operating agreement. If the operating agreement does not so provide, the value of a contribution shall be approved by the members under s. 183.0407 (2) (d). This value shall be properly reflected in the records and information kept by the limited liability company at its principal place of business or activity, and this value shall be binding and conclusive on the limited liability company and its members.

Wis. Stat. § 183.0402

Amended by Acts 2021 ch, 258,s 616, eff. 4/17/2022.
1993 a. 112; 1995 a. 400.

Reading ss. 183.0402 and 183.0404 together, members with a material conflict of interest are not prevented from voting their ownership interest with respect to a given matter. Rather, they are prohibited from acting in a manner that constitutes a willful failure to deal fairly with the LLC or its other members by willfully acting, or failing to act, in a manner that will have the effect of injuring the LLC or its other members. Gottsacker v. Monnier, 2005 WI 69, 281 Wis. 2d 361, 697 N.W.2d 436, 03-0457. Polishing Up Wisconsin's Fiduciary Duties in LLC Law to Attract New Suitors. Brunk. 101 MLR 863 (2018). The First LLC Case. Boucher & Kamperschroer. Wis. Law. Sept. 2005. Fiduciary Duties of LLC Members and Managers. Boucher & Kramer. Wis. Law. Jan. 2018.