The Secretary of State may cancel the filing of articles if a check or other remittance accepted in payment of the filing fee or franchise tax is not paid upon presentation. Within 90 days of receiving written notification that the item presented for payment has not been honored for payment, the Secretary of State shall give written notice of the applicability of this section and the cancellation date, which shall be not less than 20 days from the date of mailing the written notice as certified by the Secretary of State, to the agent for service of process or to the person submitting the instrument. Thereafter, if the amount has not been paid by cashier’s check or equivalent before the date of cancellation as stated in the written notice of cancellation, the cancellation shall thereupon be effective.

(Amended by Stats. 2022, Ch. 617, Sec. 43. (SB 1202) Effective January 1, 2023.)

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Terms Used In California Corporations Code 5008.5

  • Person: includes a corporation as well as a natural person. See California Corporations Code 18
  • Service of process: The service of writs or summonses to the appropriate party.
  • State: means the State of California, unless applied to the different parts of the United States. See California Education Code 77