Rule 590-7-1-.08 - Fees, Penalties, and Charges(1) Every registration, annual registration, or other filing required or permitted pursuant to the Code or any Rule or Regulation promulgated thereunder shall be accompanied by the required fee, penalty fee or funds as required by the Code. All filing fees shall be immediately docketed into the automated database by the staff of the Commissioner. Docketing of the filing fees shall be for accounting and document control only and shall not constitute acceptance of the filing nor shall it imply that the applicant has met the filing requirements of the Code.(2) No registration, annual registration, or other filing required pursuant to the Code or any Rule shall be considered officially received by the Commissioner unless said documents are accompanied by the required fee or funds. Said fee or funds shall be received by the Commissioner or by a person designated by him.(3) All fees and penalties are nonrefundable unless specifically authorized by the Commissioner or Assistant Corporation Commissioner and a written request for refund is received from the applicant.(4) All fees and penalties are nontransferable unless specifically authorized by the Commissioner or Assistant Corporation Commissioner.(5) All filing fees and penalties assessed pursuant to the Code or the Rules and Regulations promulgated thereunder shall not be deemed to be paid unless payment is made in United States currency, certified funds, or until any check given for such fees or penalties has been paid by the financial institution upon which such check is drawn.(6) Fees paid by check or money order shall have the name of the proposed entity or, in the case of a filed entity, the filed entity's name or control number written on it.(7) The Commissioner may determine the imposition of any penalty provided for by the Code or the Rules and Regulations promulgated thereunder. (8) The Commissioner shall publish a comprehensive list of filing fees, minimum service charges, service charges, penalties and other fees collected by the staff. Service charges may only be changed by the posting by the Commissioner of such changes in the public access area of the Division offices for a minimum of thirty (30) days prior to such changes being effective.(9) All invoices for certificates, copies, or other charges are due immediately upon receipt. Failure to pay the invoice may result in the invoice being referred for collection and in any future payment being accepted only if submitted by cashier's check or United States Postal Service money order.(10) The Secretary of State may impose service charges in order for persons to have the ability to make electronic filings into, the automated database. Such charges shall be posted on the fee schedule prepared and maintained by the Secretary of State.(11) The Secretary of State may impose service charges for the filing of documents in paper format. Such charges shall be posted on the fee schedule prepared and maintained by the Secretary of State.(12) No filing will be accepted by the Secretary of State without the payment of any past due fees, service charges, or penalties assessed pursuant to the Code or the rules promulgated thereunder. Ga. Comp. R. & Regs. R. 590-7-1-.08
O.C.G.A. §§ 14-2-130, 14-3-130, 14-5-23.
Original Rule entitled "Fees and Penalties" was filed on June 10, 1987; effective July 1, 1987, as specified by the Agency.Amended: ER. 590-7-1-0.21-.08 adopted. F. Jul. 1, 1989; eff. July 3, 1989, the date of adoption, to remain in effect for 120 days or until adoption of a permanent Rule superseding said ER., as specified by the Agency.Amended: Permanent Rule adopted. F. Nov. 20, 1989; eff. Dec. 11, 1989, as specified by the Agency.Amended: F. Aug. 7, 1990; eff. Aug. 28, 1990, as specified by the Agency.Amended: F. Aug. 3, 2011; eff. Aug. 23, 2011.Repealed: New Rule with same title adopted. F. Sep. 30, 2011; eff. Oct. 20, 2011.Amended: New title "Fees, Penalties, and Charges." F. Nov. 26, 2018; eff. Dec. 16, 2018.Amended: F. July 23, 2019; eff. August 12, 2019.