2006 Code of Virginia § 13.1-815 - Fees to be collected by Commission; payment of fees prerequisite to Commission action; exception...

13.1-815. Fees to be collected by Commission; payment of fees prerequisiteto Commission action; exceptions.

A. The Commission shall assess the registration fees and shall charge andcollect filing fees, the charter fees and entrance fees imposed by law. TheCommission shall have authority to certify to the Comptroller directingrefund of any overpayment of a fee, or of any fee collected for a documentwhich is not accepted for filing, at any time within one year from the dateof its payment.

B. The Commission shall not file or issue with respect to any domestic orforeign corporation any document or certificate specified in this chapter,except the report required by 13.1-936, a statement of change pursuant to 13.1-834 or 13.1-926, and a statement of resignation pursuant to 13.1-835or 13.1-927, until all fees, charges, fines, penalties, and interestassessed, imposed, charged, or to be collected by the Commission pursuant tothis chapter or Title 12.1 have been paid by or on behalf of suchcorporation. Notwithstanding the foregoing, the Commission may file or issueany document or certificate with respect to a domestic or foreign corporationthat has been assessed an annual registration fee if the document orcertificate is filed or issued with an effective date that is prior to thedue date of the corporation's annual registration payment in any year. Exceptas hereinafter provided, the issuance of a certificate of termination ofcorporate existence pursuant to 13.1-913 shall not have the effect ofreleasing any obligation that has accrued in favor of this Commonwealth onaccount of such assessment.

Any domestic corporation that has ceased to exist because of the issuance ofa certificate of termination of corporate existence or certificate ofincorporation surrender or any foreign corporation that has obtained acertificate of withdrawal, effective prior to its annual report due datepursuant to subsection C of 13.1-936 in any year, shall not be required topay the registration fee for that year. Any domestic or foreign corporationthat has merged, effective prior to its annual report due date pursuant tosubsection C of 13.1-936 in any year, into a surviving domestic corporationor into a surviving foreign corporation that files with the Commission thecertificate of merger prior to such date, shall not be required to pay theregistration fee for that year. The Commission shall enter an orderwithdrawing and canceling the registration fee assessments above specifiedremaining unpaid. Registration fee assessments that have been paid shall notbe refunded.

(Code 1950, 13.1-284; 1956, c. 428; 1985, c. 522; 1988, c. 405; 1989, c.152; 1997, c. 216; 2003, c. 374; 2006, c. 659.)