Find Legal Information

185.42 Recording of cooperative contracts; effect thereof.

185.42

185.42 Recording of cooperative contracts; effect thereof.

185.42(1)

(1) The association may record in the office of the register of deeds of the county in which the member-maker of the contract resides:

185.42(1)(a)

(a) A copy of any contract authorized by s. 185.41; and

185.42(1)(b)

(b) If a uniform contract is used, a sworn list of the names of all member-makers of that contract residing in the county.

185.42(2)

(2) The register of deeds, upon payment of the fee specified under s. 59.43 (2) (ag), shall number each contract consecutively and shall record it. The register of deeds shall enter the name of every member-maker of such a contract in the real estate records index under s. 59.43 (9).

185.42(3)

(3) The recording constitutes notice to all persons of the association's rights under the contract. The recording also constitutes such notice that an interest in the title to all products agreed to be sold by the member-maker of such contract to the association during the term of such contract is vested in the association. In case of a purchase of any such product thereafter by any party other than the association from any party other than the association, no interest of any nature shall pass to such other purchaser; the association may recover the possession of such products from any person in whose possession they may be found, may obtain an injunction to prevent any attempted purchase, receipt or transfer not permitted by the contract or may enforce its rights in any manner permitted by law.

185.42(4)

(4) The recording constitutes notice to all persons that the contract is and remains a valid contract until:

185.42(4)(a)

(a) It expires according to its terms; or

185.42(4)(b)

(b) It is canceled by written mutual agreement of the parties thereto; or

185.42(4)(c)

(c) It is annulled or otherwise terminated by final judgment of a court.

185.42(5)

(5) Whenever the contract has been terminated in any such manner, the association shall give, upon demand, a statement of termination to the member-maker of the contract. Such member may record such statement in the office of the register of deeds where the contract was originally filed or recorded. At least once each year the association shall record in the office of the register of deeds where the contract was originally filed or recorded, a sworn list of the names of all member-makers whose contract has been terminated in any manner specified by sub. (4) (b) and (c). For any recording under this subsection the register of deeds shall receive the fee specified under s. 59.43 (2) (ag).

185.42 - ANNOT.

History: 1981 c. 245; 1985 a. 30 s. 42; 1993 a. 301; 1995 a. 201, 225; 2003 a. 206.