2003 Minnesota Statutes

     5.23 Removal of documents from the public record. 

    Subdivision 1.    Failure to pay filing fee.  If an 
 instrument authorized to be filed with the secretary of state 
 has been submitted with a payment order or item that is rejected 
 or dishonored, the secretary must remove the instrument from the 
 public record.  The secretary may also pursue collection of the 
 rejected or dishonored payment order or item and recover the 
 face amount of the payment order or item, any service fee, and 
 any additional collection costs incurred to collect the amount.  
 If the payment order or item is honored, the instrument must be 
 returned to the public record as of the date the payment order 
 or item is honored and an instrument is presented for filing.  
 The secretary may impose restrictions on the manner of payment 
 that will be accepted for any future filings.  This subdivision 
 does not apply to financing statements filed under chapter 336. 

    Subd. 2.    Failure to pay fee.  If a party enters into 
 a continuing agreement with the secretary of state for the 
 receipt of information or products containing information and 
 payment for services or products is made by a payment order or 
 item that is rejected or dishonored, the secretary shall 
 immediately terminate the agreement.  The secretary may also 
 pursue collection of the rejected or dishonored payment order or 
 item and recover the face amount of the payment order or item 
 and any additional costs incurred to collect the amount.  If the 
 payment order or item is honored, the agreement may be 
 reinstated and the secretary may impose restrictions on the 
 manner of payment that will be accepted during the course of the 
 agreement.  

    Subd. 3.    Failure to pay direct access charges.  If a 
 customer who has subscribed with the secretary of state for 
 direct computer access to the secretary's databases makes 
 payment for information received with a payment order or item 
 that is rejected or dishonored, the secretary shall immediately 
 terminate the customer's access to the databases.  The secretary 
 may also pursue collection of the rejected or dishonored payment 
 order or item and recover the face amount of the payment order 
 or item and any additional costs incurred to collect the 
 amount.  If the payment order or item is honored, access may be 
 restored and the secretary may impose restrictions on the 
 methods of payment that will be acceptable.  

    Subd. 4.    Collection of all amounts.  The secretary of 
 state must collect the face amount of the rejected or dishonored 
 payment order or item, any service fee, and all costs of 
 collection in every possible instance.  Collection must occur 
 whether or not the instrument is returned to the public record 
 or the customer continues to receive the information products or 
 access to the database.  Uncollectible payment orders and items 
 must be processed according to applicable Minnesota law. 

    HIST: 1991 c 205 s 3; 1997 c 137 s 2; 1999 c 133 s 1