OAMI Oficina de Armonización del Mercado Interior ... - OHIM - Europa

Charges as provided for in Article 3 of the Fees Regulation will be debited on the date of
receipt of the request for which the charge is incurred (Article 4 of the Fees Regulation).
IV. Procedure of Debiting
Whenever a fee is to be debited according to the procedures described above, the
necessary internal instructions will be given to the financial department of the Office.
There may be situations where the instructions to debit a current account may be given
after the dates indicated above, but in no instance before these dates. Where the
instruction to debit the current account is given after that date, the date on which the
payment will be deemed to have been made will be the date following the application of
Article 7 of Decision No EX-96-1 as explained under III, provided that the Office is
actually able to debit the fee, that is to say when there are sufficient funds at the date of
debiting or where the current account is filled up in accordance with Article 8 of Decision
No EX-96-1. Thus, even when there were sufficient funds on the date when the fees are
deemed to have been paid, as determined under Article 7 of Decision No EX-96-1, the
holder of the current account must provide sufficient funds until the date on which the fee
is actually debited, or fill up the current account and pay the administrative charge.
V. Insufficient funds
If at the time where instructions are given to debit the current account there are sufficient
funds in the current account, the Office will debit the current account accordingly
irrespective of whether sufficient funds were available at the time the respective fee is
deemed to have been paid. No rights will be lost in this situation.
Where, at the time instructions are given to debit the current account, the current account
lacks sufficient funds to cover the payment of a particular fee, the holder of the current
account will be invited by the Office to replenish the account within a month after receipt
of that notification, subject to a surcharge of 20% of the total of the late fee, with a
maximum of ECU 500 and minimum of ECU 100 (Article 8 (3) of Decision No EX-96-
1). If the current account is filled up within that time limit, the payment will be
considered to have been made on the date on which the fee would normally have been
deemed to have been paid, namely on the date which follows the application of the rules
explained above under III. Where the account is provided with sufficient funds in time,
the debiting will take place immediately upon receipt of such funds, and not necessarily
at the end of the period of one month.