(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
590-7-21-.04(3);
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;
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;
3. If payment is not
received within sixty (60) calendar days from the date of the notice of
nonpayment, written notice shall be issued stating the Commissioner's intent to
administratively dissolve or revoke the entity and the grounds therefore. The
notice of intent to administratively dissolve or revoke shall be mailed to the
entity at the last known address of its principal office or registered agent. A
copy of the notice of nonpayment may be attached to the notice of intent to
administratively dissolve or revoke; and
4. If payment is not received sixty (60)
calendar days from the date of the notice of intent to administratively
dissolve or revoke, the entity shall be administratively dissolved or revoked
in accordance with Title 14 of the Official Code of Georgia
Annotated.
(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;
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; and
3. If payment is not received within sixty
(60) calendar days from the date of the notice of nonpayment, written notice
shall be issued stating the Commissioner's intent to administratively dissolve
or revoke the entity and the grounds therefore. The notice of intent to
administratively dissolve or revoke shall be mailed to the entity at the last
known address of its principal office or registered agent. A copy of the notice
of nonpayment may be attached to the notice of intent to administratively
dissolve or revoke; and
4. If
payment is not received sixty (60) calendar days from the date of the notice of
intent to dissolve or revoke, the entity shall be administratively dissolved or
revoked in accordance with Title 14 of the Official Code of Georgia
Annotated.
(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;
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.