185.039 Court-ordered indemnification.

166 words·~1 min read·/wi/chapter-185/185-039

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Except as provided otherwise by written agreement between the director or officer and the cooperative, a director or officer who is a party to a proceeding may apply for indemnification to the court conducting the proceeding or to another court of competent jurisdiction. Application shall be made for an initial determination by the court under s. 185.036

(5)or for review by the court of an adverse determination under s. 185.036

(1),

(2),

(3),

(4)or

(6). After receipt of an application, the court shall give any notice it considers necessary.

(2)The court shall order indemnification if it determines any of the following:

(a)That the director or officer is entitled to indemnification under s. 185.035

(1)or

(2). If the court also determines that the cooperative unreasonably refused the director’s or officer’s request for indemnification, the court shall order the cooperative to pay the director’s or officer’s reasonable expenses incurred to obtain the court-ordered indemnification.