Good afternoon, all. This is a photo I took from Spring Break a few weeks ago. Peaceful.
Anyway, on to the point of this post:
Businesses should make sure to do everything to protect their “corporate shield” and to stay in “Good Standing” by filing their annual statements. However it appears that some are attempting to take advantage of susceptible business owners.
Today I received an e-mail from The Michigan Department of Licensing and Regulatory Affairs(“LARA”)
LARA issued a Press Release alerting business owners of a scam that has resurfaced. Indeed, 6 years ago LARA warned the public of essentially the same scam.
According to LARA’s press release:
“[LARA] Director Orlene Hawks today warns Michigan corporations of a non-governmental entity called “Michigan Council for Corporations” seeking to collect a $150 fee to prepare “corporate consent records in lieu of annual meeting minutes.” This deceptive notice is not issued by LARA or any governmental agency. Corporations are only obligated to file their annual report through LARA’s Corporations, Securities and Commercial Licensing Bureau (CSCL) and not an “Annual Records Solicitation Form.”
LARA further warns that:
“Michigan businesses are receiving an official-looking form called the “2019 — Annual Records Solicitation Form, Shareholders, Directors and Officers,” which can be viewed here. The accompanying instructions deceptively state that completing and submitting the form, along with a $150 payment, will “satisfy the annual corporate records for your corporation.”
“This is not to be confused with the State of Michigan legal requirement of corporations submitting an annual report, due on or before May 15 each year after incorporation,” said Corporations, Securities and Commercial Licensing Bureau (CSCL) Director Julia Dale. “The annual report or annual statement can be filed online along with the applicable fee of $25 payable to the State of Michigan.”
LARA gives the following advise:
Any Michigan corporation that receives a notice to have corporate consent records prepared and pay a fee to avoid dissolution of their corporation are advised to do the following:
- Keep the notice, mailing envelope, and return envelope.
- Contact the United States Postal Inspections Service to report mail fraud at:
1-877-876-2455 or https://postalinspectors.uspis.gov/ - Or contact the Michigan Office of the Attorney General at P.O. Box 30212, Lansing, MI 48909.
Legitimate notices and mailings to Michigan corporations are issued from LARA’s Corporations Division and are mailed to the resident agent at the registered office address on record. When receiving any official-looking document, please review carefully and read the small print. If you are not sure, please contact the LARA Corporations Division at 517-241-6470. Customers with questions about their corporation, limited liability company or limited partnership are encouraged to use the Business Entity Search to check their status. Additional information is available on the Corporations Division website at www.michigan.gov/corporations or by calling the Corporations Division at 517-241-6470
Questions? Comments?
E-mail: Jeshua@dwlawpc.com
Twitter: @JeshuaTLauka
Purpose Driven General Counsel 