2007 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.
History: 1991 c 205 s 3; 1997 c 137 s 2; 1999 c 133 s 1