That Official Looking Letter from the CA Secretary of State is Not So Official

When you are starting a new corporation, is important that you keep in compliance with the California Corporations Code; failure to do so can result in suspension of your corporation, which would require you to revive it should you dissolve it or continue to operate it.

You may have received official looking letters from what you think is the California Secretary of State telling you that it is important for you to maintain compliance with your corporation. If you’re a Los Angeles County resident property owner, you have may have received similar official-looking letters from companies willing to reassess your property for a fee.

The CA Secretary of State has sent out a Consumer Alert Regarding Misleading Solicitations against about these compliance letters, and lays out some of the characteristics of these letters:

• Appear similar to a Secretary of State form (generally the Statement of Information form);

• Contain an official-looking seal;

• Quote a specific statute or other law on the form to be filled out and returned;

• Imply that failing to return the form and pay the requested fee may place the entity in legal jeopardy, or might cause the entity’s filings with the California Secretary of State to be in default or noncompliant status;

• Contain a reference to a “file number,” “Corp Number,” “Corporation Number,” or “Control Number” that does not match the number assigned to the entity by the California Secretary of State;

• Reference or quotes Corporations Code sections inapplicable to the type of entity being solicited, such as Code sections applicable to corporations when soliciting a limited liability company;

• Reference an “annual fee” or “annual payment” rather than a filing fee and that is in excess of the filing fee for a Statement of Information;

• Provide an estimated processing time for “minutes” to be prepared and mailed to the entity;

• Indicate the submitted information will be treated as private and confidential.

Please be aware that the California Secretary of State is not related to these companies in any way:

These companies have no affiliation with the California Secretary of State’s office and no business is required to go through another company in order to file its documents with the Secretary of State’s office.

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Information on this site is for informational and educational purposes only; it does not constitute legal advice nor does it create an attorney-client relationship. Should you need assistance, please contact an attorney to help you with your specific set of facts.