State Codes and Statutes

Statutes > Wisconsin > 616 > 616.18

616.18

616.18 Restrictions on transactions.

616.18(1)

(1) Voidable transactions. Any material transaction between a plan or corporation authorized under this subchapter and one or more of its management or members of its governing board, or with any person in a position to influence the vote of any member of its governing board or the decision of any of its management or with any person having power to control the plan or corporation is voidable by the plan or corporation unless:

616.18(1)(a)

(a) The transaction at the time it is entered into is reasonable and fair to the interests of the plan or corporation and its members;

616.18(1)(b)

(b) The transaction has, with full knowledge of its terms and of the interests involved, been approved in advance by the governing board or by the members; and

616.18(1)(c)

(c) The transaction has been reported to the commissioner immediately after approval under par. (b).

616.18(2)

(2) Excepted transactions.

616.18(2)(a)

(a) This section does not apply to policies of insurance issued by the plan or corporation in the normal course of its business.

616.18(2)(b)

(b) The commissioner may by rule exempt other classes of transactions from the reporting requirement of sub. (1) (c), if the purposes of this section can be achieved without the report.

616.18 - ANNOT.

History: 1979 c. 261.

State Codes and Statutes

Statutes > Wisconsin > 616 > 616.18

616.18

616.18 Restrictions on transactions.

616.18(1)

(1) Voidable transactions. Any material transaction between a plan or corporation authorized under this subchapter and one or more of its management or members of its governing board, or with any person in a position to influence the vote of any member of its governing board or the decision of any of its management or with any person having power to control the plan or corporation is voidable by the plan or corporation unless:

616.18(1)(a)

(a) The transaction at the time it is entered into is reasonable and fair to the interests of the plan or corporation and its members;

616.18(1)(b)

(b) The transaction has, with full knowledge of its terms and of the interests involved, been approved in advance by the governing board or by the members; and

616.18(1)(c)

(c) The transaction has been reported to the commissioner immediately after approval under par. (b).

616.18(2)

(2) Excepted transactions.

616.18(2)(a)

(a) This section does not apply to policies of insurance issued by the plan or corporation in the normal course of its business.

616.18(2)(b)

(b) The commissioner may by rule exempt other classes of transactions from the reporting requirement of sub. (1) (c), if the purposes of this section can be achieved without the report.

616.18 - ANNOT.

History: 1979 c. 261.

State Codes and Statutes

State Codes and Statutes

Statutes > Wisconsin > 616 > 616.18

616.18

616.18 Restrictions on transactions.

616.18(1)

(1) Voidable transactions. Any material transaction between a plan or corporation authorized under this subchapter and one or more of its management or members of its governing board, or with any person in a position to influence the vote of any member of its governing board or the decision of any of its management or with any person having power to control the plan or corporation is voidable by the plan or corporation unless:

616.18(1)(a)

(a) The transaction at the time it is entered into is reasonable and fair to the interests of the plan or corporation and its members;

616.18(1)(b)

(b) The transaction has, with full knowledge of its terms and of the interests involved, been approved in advance by the governing board or by the members; and

616.18(1)(c)

(c) The transaction has been reported to the commissioner immediately after approval under par. (b).

616.18(2)

(2) Excepted transactions.

616.18(2)(a)

(a) This section does not apply to policies of insurance issued by the plan or corporation in the normal course of its business.

616.18(2)(b)

(b) The commissioner may by rule exempt other classes of transactions from the reporting requirement of sub. (1) (c), if the purposes of this section can be achieved without the report.

616.18 - ANNOT.

History: 1979 c. 261.