Subchapter B. METHOD OF PAYMENT

§ 3.101. General.

 The fees and charges in Subchapter A (relating to fees and charges generally) shall be paid in a manner specified in this subchapter.

 (a)  Fees, charges and Departmental invoices shall be paid, and deposit account deposits established by money order, certified check, bank cashier’s check or personal check, made payable to the Department of State. Cash payment will not be accepted.

 (b)  Personal checks will not be accepted if the drawer has previously tendered a check to the Department which has not been honored.

 (c)  One check shall be submitted per document filed.

 (d)  An entity may establish a deposit account with the Department from which the required filing fees will be deducted. The minimum amount needed to establish an account will be $500. It is the responsibility of the depositor to insure that the deposit account maintains a positive balance to cover the fees or other debits charged to the account.

   The provisions of this §  3.102 adopted June 22, 1973, effective June 23, 1973, 3 Pa.B. 1164; amended April 17, 1992, effective April 18, 1992, 22 Pa.B. 1993. Immediately preceding text appears at serial pages (141757) to (141758).

 (a)  Credit will not be extended by the Department for filing fees.

 (b)  A person eligible for credit under subsection (e) for other fees or charges may effect services on a credit basis, in whole or in part. The Department will prepare and transmit to the person an invoice showing the amount of balance due the Department for fees and charges incurred.

 (c)  The invoice of the Department prepared and transmitted under subsection (b) will include, as an additional fee, the fee specified in §  3.24(a) (relating to invoicing fee) unless the Department determines, that by reason of the circumstances, such as a request for copies or a request for Uniform Commercial Code search, the amount or the fee is not readily ascertainable in advance.

 (d)  Under section 154(b) of the code (relating to enforcement and collection), if an invoice transmitted under this section is not paid within 60 days after mailing in the manner provided by §  3.102 (relating to method of payment), the debtor shall pay to the Commonwealth, in addition to the principal amount of the invoice and interest thereon, liquidated damages in the amount of $500.

 (e)  The Department will extend credit, other than for the filing fee, under this section to the following:

   (1)  A public officer communicating with the Department on official business and on official letterhead.

   (2)  Another person who has applied to and been granted credit by the Department prior to the transaction.

 (f)  The Department reserves the following rights:

   (1)  To refuse to extend credit to a person due to a poor credit rating or previous record of default.

   (2)  To terminate the credit privileges of a person for failure to make timely payment of amounts invoiced by the Department or for other proper cause.

   (3)  To terminate existing deposit accounts and to refund to the holder the unexpended balances upon the activation of a billing system or if the holder has failed to maintain a proper balance in the account.

 (a)  An entity which issues a check not honored by the institution on which it is drawn will be charged an additional $20 processing fee.

 (b)  The Department will prepare and transmit to the entity an invoice showing the amount or balance due the Department for fees and charges incurred.

 (c)  The invoice of the Department prepared and transmitted under subsection (b) will include the filing fee, the fee specified in §  3.24(a) (relating to invoicing fee) and the fee specified in subsection (a).

 (d)  If an invoice transmitted under this section is not paid within 30 days after mailing in the manner set forth in §  3.102 (relating to method of payment), the Department will prepare and file with itself a Form DS: 3.104 (Statement of Unpaid Fee), whereupon filings to which the fee relates become void.

 (e)  Under section 154(b) of the code (relating to enforcement and collection), if an invoice transmitted under this section is not paid within 60 days after mailing in the manner provided by §  3.102, the debtor shall pay to the Commonwealth, in addition to the principal amount of the invoice and interest thereon, liquidated damages in the amount of $500.

 A credit card may be used in payment of the fees and charges in Subchapter A (relating to fees and charges generally). This service will not be available to the public until after the Department publishes notice in the Pennsylvania Bulletin that the service is available.

   The provisions of this §  3.105 adopted April 17, 1992, effective April 18, 1992, 22 Pa.B. 1993.

FORMS

§ 3.111. Official forms.

 The following official form has been promulgated under this subchapter and appears in Appendix A:

   Form DS: 3.104 (Statement of Unpaid Fee).

   The provisions of this §  3.111 adopted June 22, 1973, effective June 23, 1973, 3 Pa.B. 1164; amended April 17, 1992, effective April 18, 1992, 22 Pa.B. 1993. Immediately preceding text appears at serial pages (141759) to (141761).