(1) Checks or other forms of payment returned
to the Commissioner because of nonpayment and/or charge backs of credit card or
debit card payments (hereinafter referred to as the "dishonored" or "dishonored
payment") shall be processed according to the following procedures:
(a)
Pending Filings.
1. The filing and/or the entity for which the
filing was made shall be placed in a "pending," "hold," or similar status and
the nonpayment of fees noted upon the records of the Secretary of
State;
2. A notice of nonpayment
demanding immediate payment shall be issued to the entity or person who
submitted the payment;
3. If
payment is not received within sixty (60) calendar days from the date of notice
of nonpayment, the filing will be deemed abandoned as provided in Rule
590-7-12-.05; and
4. If the filing is deemed abandoned, all
records pertaining to the filing will be destroyed and a new filing, including
the payment of filing fees, shall be required. Any filing fees submitted with
the new filing may be required to be paid by cashier's check or United States
Postal Service money order.
(b)
Completed Filings.
1. The entity for which the filing was made
shall be deemed to be not in good standing by the Secretary of State. The
records of the entity maintained by the Secretary of State shall be marked to
show such status and to show the nonpayment of fees; and
2. A notice of nonpayment demanding immediate
payment and stating that possible grounds exist for administrative dissolution
or revocation shall be issued to the entity or person who submitted
payment.
(c)
Annual Registration.
1. The
entity for which the annual registration was submitted shall be deemed to be
not in good standing by the Secretary of State. The records of the entity
maintained by the Secretary of State shall be marked to show such status and to
show the nonpayment of fees; and
2.
A notice of nonpayment demanding immediate payment and stating that possible
grounds exist for administrative dissolution or revocation shall be issued to
the entity or person who submitted payment.
(d)
Services.
1. The records of the Secretary of State for
the entity or person which requested the services shall be marked to reflect
nonpayment for the services performed;
2. A notice of nonpayment demanding immediate
payment shall be issued to the entity or person who submitted payment;
and
3. If payment is not received
within thirty (30) calendar days from the date of notice of nonpayment, a
second notice will be issued to the entity or person who requested the service.
The notice shall state that if payment is not made immediately, all payments
for services, fees and filings submitted by the entity or person shall be
required to be made by cashier's check or United States Postal Service money
order.
(2)
Subsequent requests for services or subsequently submitted filings from any
entity or person that has submitted payment which has been dishonored may be
required to be accompanied by cashier's check or United States Postal Service
money order.
(3) Payments tendered
for returned checks which are also dishonored shall be redeemed by cashier's
check or United States Postal Service money order only.
(4) The Commissioner may require the payment
of any service charge in addition to the amount owed as a result of any
dishonored payment. Such service charge shall be published in the fee schedule
maintained by the Commissioner.
(5)
The records of the Secretary of State may be marked to show nonpayment status
for any entity or person that has submitted payment which has been dishonored.
The issuance of a Certificate of Existence or a statement of good standing
regarding the entity may be denied by the Commissioner until full payment has
been made.
