63.02.060 Corporate Officer Liability

(a) If a corporation holding a license issued under this title fails for any reason to file the required returns or to pay the fees due, the president, vice president, secretary, or treasurer, jointly or severally, having control or supervision of, or charged with the responsibility for making such returns and payments, is personally liable for the failure. The dissolution of a corporation does not discharge an officer's liability for a prior failure of the corporation to make a return or remit the fees due. The sum due for such a liability may be assessed and collected under the provisions of this title for the assessment and collection of other liabilities.

(b) If the corporate officers elect not to be personally liable for the failure to file the required returns or to pay the fees due, the corporation must be required to make a cash deposit or post with the Tax Commissioner a bond or undertaking executed by a surety company authorized to do business within the territory or jurisdiction of the Tribe. The cash deposit, bond, or undertaking provided for in this section must be in an amount equal to the estimated annual tobacco products fees liability of the corporation.