193.721 Allocations of profits and distributions of cash and other assets.

(1) Allocation of profits and losses. Except as otherwise provided in this subsection and the articles or bylaws, profits and losses shall be allocated between patron membership interests collectively and nonpatron membership interests collectively on the basis of the value of contributions received from patron membership interests collectively and nonpatron membership interests collectively. The allocation of profits to patron membership interests collectively in a fiscal year may not be less than 51 percent of the total profits for that fiscal year, except that the allocation of profits to patron membership interests collectively in a fiscal year may not be less than 30 percent of the total profits for that fiscal year if any of the following apply:

(a) The articles were amended to provide for the reduced percentage and, notwithstanding s. 193.221 (1) and (3), the amendment was approved by the affirmative vote of the patron members.

(b) The bylaws provide for the reduced percentage and were approved by an affirmative vote of the patron members.

(c) The bylaws were amended to provide for the reduced percentage and the amendment was approved by the affirmative vote of the patron members.

(2) Distribution of cash or other assets. If not stated in the articles, the bylaws shall prescribe the distribution of cash or other assets of the cooperative among the membership interests of the cooperative. Unless the articles or bylaws provide otherwise, the cooperative shall distribute cash or other assets to patron membership interests collectively and nonpatron membership interests collectively on the basis of the value of contributions received by the cooperative from patron membership interests collectively and nonpatron membership interests collectively. The distributions to patron membership interests collectively in any fiscal year may not be less than 51 percent of the total distributions for that fiscal year, except that distributions to patron membership interests collectively in a fiscal year may not be less than 30 percent of the total distributions for that fiscal year if any of the following apply:

(a) The articles provide for the reduced percentage and that provision was not included in the articles via amendment under s. 193.221 (3).

(b) The bylaws provide for the reduced percentage and were adopted by an affirmative vote of the members.

(c) The bylaws were amended to provide for the reduced percentage and the amendment was adopted by the affirmative vote of the members.

History: 2005 a. 441.