Section 180.1708. Applicability of various provisions.

 

(1)   Filing duty; appeal. Sections 180.0125 and 180.0126 apply to a document delivered to the department for filing on or after January 1, 1991.

(2)   Distributions to shareholders. Section 180.0640 applies to a distribution authorized by the board of directors on or after January 1, 1991.

(3)   Special shareholders' meeting. Section 180.0702 (1) (b) and (2) applies to a demand for a special meeting of shareholders that is delivered to the corporation on or after January 1, 1991.

(3m)   Derivative proceedings. Sections 180.0741 to 180.0747 apply to a derivative proceeding, as defined in s. 180.0740 (2) , that is commenced on or after January 1, 1991.

(4)   Amendment or restatement.

(a) Sections 180.1003 , 180.1004 and 180.1007 (3) apply to an amendment to or restatement of the articles of incorporation requiring shareholder approval about which notice of a shareholders' meeting is delivered on or after January 1, 1991.

(b) Sections 180.1006 and 180.1007 (4) apply to articles of amendment or restatement for any of the following:

1. An amendment or restatement adopted by the board of directors or incorporators on or after January 1, 1991.

2. An amendment or restatement requiring shareholder approval about which a notice of a shareholders' meeting is delivered on or after January 1, 1991.

(5)   Mergers. Sections 180.1101 and 180.1103 to 180.1106 apply to a merger, and ss. 180.1301 to 180.1331 apply to dissenters' rights arising from a merger, for which a plan of merger is approved by the board of directors on or after January 1, 1991.

(6)   Sale of assets. Section 180.1202 applies to a sale, lease, exchange or other disposition of property requiring shareholder approval, and ss. 180.1301 to 180.1331 apply to dissenters' rights arising from a sale, lease, exchange or other disposition of property requiring shareholder approval, that is approved by the board of directors on or after January 1, 1991.

(7)   Dissolution.

(a) Sections 180.1401 to 180.1404 apply to a dissolution authorized as follows:

1. By the incorporators or board of directors under s. 180.1401 on or after January 1, 1991.

2. By the shareholders, if the corporation delivers notice of the shareholders' meeting under s. 180.1402 (2) on or after January 1, 1991.

(b) Sections 180.1420 , 180.1421 and 180.1423 apply to an administrative dissolution based on grounds arising under s. 180.1420 on or after January 1, 1991.

(bm) Sections 180.1422 and 180.1423 apply to an administrative dissolution before, on or after January 1, 1991.

(c) Sections 180.1430 to 180.1433 apply to a judicial dissolution based on a cause of action arising under s. 180.1430 on or after January 1, 1991.

(8)   Revocation of certificate of authority.

(a) Except as provided in par. (b) , ss. 180.1530 (1) , 180.1531 and 180.1532 apply to an administrative revocation based on grounds arising under s. 180.1530 (1) on or after January 1, 1991.

(b) Sections 180.1530 (2) and 180.1531 (2) (b) and (3) to (5) apply to a judicial revocation under s. 946.87 of which the department is notified under s. 180.1530 (2) on or after January 1, 1991. Section 180.1531 (2) (c) applies to a revocation based on grounds arising before, on or after January 1, 1991.

1989 a. 303 , 359 ; 1991 a. 173 , 269 ; 1995 a. 27 ; 1997 a. 27 ; 2003 a. 321 .