Wis. Stat. § 183.1101

Current through Acts 2023-2024, ch. 272
Section 183.1101 - Uniformity of application and construction

In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact the uniform law.

Wis. Stat. § 183.1101

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

The members of a limited liability company (LLC) have standing to assert individual claims against other members and managers of the LLC based on harm to the members or harm to the LLC. Corporate principles of derivative standing under ss. 180.0740 to 180.0747 do not apply to the distinct business form of an LLC. The only provision of this chapter relating to suits in the name of an LLC is this section, which does not require that claims against LLC members be brought in the name of the LLC, nor does it otherwise limit a member's ability to sue other members or managers in their individual capacities. Marx v. Morris, 2019 WI 34, 386 Wis. 2d 122, 925 N.W.2d 112, 17-0146. This section does not require a formal vote or written consent. It requires the complaint to "describe with particularity the authorization of the member to bring this action." Carhart-Halaska International v. Carhart, Inc., 920 F. Supp. 2d 971 (2013).