A member may maintain a derivative action to enforce a right of a limited liability company if any of the following applies:

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Terms Used In Wisconsin Statutes 183.0802

  • Following: when used by way of reference to any statute section, means the section next following that in which the reference is made. See Wisconsin Statutes 990.01
   (1)   The member first makes a demand on the other members of a member-managed limited liability company, or the managers of a manager-managed limited liability company, requesting that they cause the limited liability company to bring an action to enforce the right, and the managers or other members do not bring the action within a reasonable time.
   (2)   A demand under sub. (1) would be futile.