13.1-936.1 - Annual registration fees to be paid by domestic and foreign corporations; penalty for failure to pay timely.
§ 13.1-936.1. Annual registration fees to be paid by domestic and foreigncorporations; penalty for failure to pay timely.
A. Every domestic corporation and every foreign corporation authorized toconduct its affairs in the Commonwealth shall pay into the state treasury onor before the last day of the twelfth month next succeeding the month inwhich it was incorporated or authorized to conduct its affairs in theCommonwealth, and by such date in each year thereafter, an annualregistration fee of $25. At the discretion of the Commission, the annualregistration fee due date for a corporation may be extended, on a monthlybasis for a period of not less than one month nor more than 11 months, at therequest of its registered agent of record or as may be necessary todistribute annual registration fee due dates of corporations as equally aspracticable throughout the year on a monthly basis.
The annual registration fee shall be irrespective of any specific license taxor other tax or fee imposed by law upon the corporation for the privilege ofcarrying on its business in the Commonwealth or upon its franchise, propertyor receipts. Nonstock corporations incorporated before 1970 which were notliable for the annual registration fee therefor shall not be liable for anannual registration fee hereafter.
B. Each year, the Commission shall ascertain from its records each domesticcorporation and each foreign corporation authorized to conduct its affairs inthe Commonwealth, as of the first day of the second month next preceding themonth in which it was incorporated or authorized to conduct its affairs inthe Commonwealth and shall assess against each such corporation the annualregistration fee herein imposed. In any year in which a corporation's annualregistration fee due date is extended pursuant to subsection A, the annualregistration fee assessment shall be increased by a prorated amount to coverthe period of extension. A statement of the assessment, when made, shall beforwarded by the clerk of the Commission to the Comptroller and to each suchcorporation.
C. Any domestic or foreign corporation that fails to pay the annualregistration fee herein imposed within the time prescribed shall incur apenalty of $10, which shall be added to the amount of the annual registrationfee due. The penalty shall be in addition to any other penalty or liabilityimposed by law.
D. The fees paid into the state treasury under this section shall be setaside as a special fund to be used only by the Commission as it deemsnecessary to defray all costs of staffing, maintaining and operating theoffice of the clerk of the Commission, together with all other costs incurredby the Commission in supervising, implementing and administering theprovisions of Part 5 (§ 8.9A-501 et seq.) of Title 8.9A, this title, exceptfor Chapters 5 (§ 13.1-501 et seq.) and 8 (§ 13.1-557 et seq.) and Article 6(§ 55-142.1 et seq.) of Chapter 6 of Title 55, provided that one-half of thefees collected shall be credited to the general fund. The excess of feescollected over the projected costs of administration in the next fiscal yearshall be paid into the general fund prior to the close of the fiscal year.
(1988, c. 405; 1991, c. 311; 1997, c. 216; 2007, c. 925; 2010, c. 753.)