2011 WISCONSIN ACT
234
An Act
to repeal
180.0504 (3) (b), 180.1510 (4) (b) 2., 181.0504 (3) (b), 181.1510 (4) (b) 2. and 183.1010 (4) (b) 2.;
to renumber and amend
180.0504 (3) (a), 180.1510 (4) (b) 1., 181.0504 (3) (a), 181.1510 (4) (b) 1. and 183.1010 (4) (b) 1.; and
to amend
108.14 (11), 180.1421 (2m) (b), 180.1531 (2m) (b), 181.1421 (2) (b), 181.1421 (3) (d), 181.1531 (2g) (b), 183.0105 (8) (c), 183.09025 (2) (b), 183.09025 (2) (d) and 183.1021 (2g) (b) of the statutes;
relating to:
the procedure for the administrative dissolution of domestic business corporations, nonstock corporations, and limited liability companies and revocation of certificates of authority for foreign business corporations, nonstock corporations, and limited liability companies.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
Section
1c
.
108.14 (11) of the statutes is amended to read:
108.14
(11)
The department may require any employing unit which employs one or more individuals to perform work in this state to make such arrangements as will reasonably assure the department that the employing unit will keep such records, make such reports, and pay such contributions as are required under this chapter. Any employing unit which the department has notified, through notice served on it or sent by registered mail to its last-known address or served by publishing a notice under s. 180.1510 (4) (b)
1.
, that it is required to make such arrangements and which fails to do so within 20 days after such notification may, through proceedings instituted by the department in the circuit court for Dane County, be restrained from doing business in this state until it has made such arrangements.
Section
1m
.
180.0504 (3) (a) of the statutes is renumbered 180.0504 (3) and amended to read:
180.0504
(3)
Except as provided in
par. (b)
s. 180.1421 (2m) (b)
, if the address of the corporation's principal office cannot be determined from the records held by the department, the corporation may be served by publishing a class 3 notice, under ch. 985, in the community where the corporation's principal office or registered office, as most recently designated in the records of the department, is located.
Section
2
.
180.0504 (3) (b) of the statutes is repealed.
Section
3
.
180.1421 (2m) (b) of the statutes is amended to read:
180.1421
(2m)
(b) If the notice under par. (a) is returned to the department as undeliverable or if the corporation's principal office cannot be determined from the records of the department, the department shall give the notice by publishing a class
2
1
notice under ch. 985 in the official state newspaper.
Section
3c
.
180.1510 (4) (b) 1. of the statutes is renumbered 180.1510 (4) (b) and amended to read:
180.1510
(4)
(b) Except as provided in
subd. 2.
s. 180.1531 (2m) (b)
, if the address of the foreign corporation's principal office cannot be determined from the records of the department, the foreign corporation may be served by publishing a class 3 notice, under ch. 985, in the community where the foreign corporation's principal office or registered office, as most recently designated in the records of the department, is located.
Section
3d
.
180.1510 (4) (b) 2. of the statutes is repealed.
Section
3e
.
180.1531 (2m) (b) of the statutes is amended to read:
180.1531
(2m)
(b) If the notice under par. (a) is returned to the department as undeliverable or if the corporation's principal office cannot be determined from the records of the department, the department shall give the notice by publishing a class
2
1
notice under ch. 985 in the official state newspaper.
Section
3f
.
181.0504 (3) (a) of the statutes is renumbered 181.0504 (3) and amended to read:
181.0504
(3)
Except as provided in
par. (b)
s. 181.1421 (2) (b)
, if the address of the corporation's principal office cannot be determined from the records held by the department, the corporation may be served by publishing a class 3 notice, under ch. 985, in the community where the corporation's principal office or registered office, as most recently designated in the records of the department, is located.
Section
3g
.
181.0504 (3) (b) of the statutes is repealed.
Section
3h
.
181.1421 (2) (b) of the statutes is amended to read:
181.1421
(2)
(b) If the notice under par. (a) is returned to the department as undeliverable or if the corporation's principal office cannot be determined from the records of the department, the department shall give the notice by publishing a class
2
1
notice under ch. 985 in the official state newspaper.
Section
3i
.
181.1421 (3) (d) of the statutes is amended to read:
181.1421
(3)
(d) If the notice is published as a class
2
1
notice, under ch. 985, the effective date set under ch. 985 for the notice.
Section
3j
.
181.1510 (4) (b) 1. of the statutes is renumbered 181.1510 (4) (b) and amended to read:
181.1510
(4)
(b) Except as provided in
subd. 2.
s. 181.1531 (2g) (b)
, if the address of the foreign corporation's principal office cannot be determined from the records of the department, the foreign corporation may be served by publishing a class 3 notice, under ch. 985, in the community where the foreign corporation's principal office or registered office, as most recently designated in the records of the department, is located.
Section
3k
.
181.1510 (4) (b) 2. of the statutes is repealed.
Section
3m
.
181.1531 (2g) (b) of the statutes is amended to read:
181.1531
(2g)
(b) If the notice under par. (a) is returned to the department as undeliverable or if the corporation's principal office cannot be determined from the records of the department, the department shall give the notice by publishing a class
2
1
notice under ch. 985 in the official state newspaper.
Section
3n
.
183.0105 (8) (c) of the statutes is amended to read:
183.0105
(8)
(c)
If
Except as provided in s. 183.09025 (2) (d), if
the address of the limited liability company's principal office cannot be determined from the records of the department, the limited liability company may be served by publishing a class 3 notice, under ch. 985, in the community where the limited liability company's registered office, as most recently designated in the records of the department, is located.
Section
3o
.
183.09025 (2) (b) of the statutes is amended to read:
183.09025
(2)
(b) Within 60 days after the date on which the notice is received or the date on which the
second insertion of the
class
2
1
notice under par. (d) is published, the limited liability company shall correct each ground for dissolution or demonstrate to the reasonable satisfaction of the department that each ground determined by the department does not exist.
Section
3p
.
183.09025 (2) (d) of the statutes is amended to read:
183.09025
(2)
(d) If a notice under par. (a) or (c) is returned to the department as undeliverable, the department shall again mail the notice to the limited liability company as provided under that paragraph. If the notice is again returned to the department as undeliverable, the department shall give the notice by publishing a class
2
1
notice under ch. 985 in the official state newspaper.
Section
3q
.
183.1010 (4) (b) 1. of the statutes is renumbered 183.1010 (4) (b) and amended to read:
183.1010
(4)
(b) Except as provided in
subd. 2.
s. 183.1021 (2g) (b)
, if the address of the foreign limited liability company's principal office cannot be determined from the records of the department, the foreign limited liability company may be served by publishing a class 3 notice, under ch. 985, in the community where the foreign limited liability company's principal office or, if not in this state, its registered office, as most recently designated in the records of the department, is located.
Section
3r
.
183.1010 (4) (b) 2. of the statutes is repealed.
Section
3s
.
183.1021 (2g) (b) of the statutes is amended to read:
183.1021
(2g)
(b) If the notice under par. (a) is returned to the department as undeliverable or if the foreign limited liability company's principal office cannot be determined from the records of the department, the department shall give the notice by publishing a class
2
1
notice under ch. 985 in the official state newspaper.
