Wisconsin Code § 183.0404

Sharing of and right to distributions before dissolution
Open in Lexace · Ask the AI about this section
(1) Except to the extent necessary to comply with
any transfer effective under s. 183.0502 or charging order in effect under s. 183.0503, any distributions made by a limited liability company before its dissolution and winding up must be made
proportionally among members and dissociated members on the
basis of the value of the contributions made by each such member, as stated in the records required to be kept under s. 183.0402
(2), or, in the case of a company treated as a partnership for tax
purposes, the partnership capital account of each such member as
computed for tax reporting purposes.
(2) A person has a right to a distribution before the dissolution and winding up of a limited liability company only if the
company decides to make an interim distribution. A person’s dissociation does not entitle the person to a distribution.
(3) A person does not have a right to demand or receive a distribution from a limited liability company in any form other than
money. Except as otherwise provided in s. 183.0707 (4), a limited liability company may distribute an asset in kind if each part
of the asset is fungible with each other part and each person receives a percentage of the asset equal in value to the person’s
share of distributions.
(4) If a member or transferee becomes entitled to receive a
distribution, the member or transferee has the status of, and is entitled to all remedies available to, a creditor of the limited liability
company with respect to the distribution. However, the company’s obligation to make a distribution is subject to offset for any
amount owed to the company by the member or a person dissociated as a member on whose account the distribution is made.

‹ Prev All Wisconsin sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.