Rule 590-7-10-.09 - Dishonored Payments(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; and4. 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; and2. 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; and2. 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; and3. 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.Ga. Comp. R. & Regs. R. 590-7-10-.09
O.C.G.A. §§ 14-5-23, 14-9-1102, 14-9-1103.
Original Rule entitled "Dishonored Payments" adopted. F. Nov. 26, 2018; eff. Dec. 16, 2018.