Customer Alert – Misleading Business Solicitations

The Secretary of State's office has been advised that solicitation letters are being sent to California businesses encouraging them to comply with their California Corporations Code filing obligations by submitting fees and documents to a third party rather than by filing directly with the Secretary of State's office.

• Posted November 23, 2009
  Misleading Termination Solicitations: A private company has been soliciting business through mass mailings to corporations and limited liability companies with a solicitation to terminate the business entity.
• Posted February 19, 2009
  Misleading Statement of Information Solicitations: Certain private companies have been soliciting business through mass mailings to corporations and limited liability companies with a solicitation similar to a Statement of Information that is required to be filed with the Secretary of State.

These solicitations are not being made by the California Secretary of State's office and are not being made by or on behalf of any governmental entity. Although a business entity can use an intermediary to submit filings and fees, no business is required to go through another company in order to file its documents with the Secretary of State's office.

Forms that meet the minimum content requirements of the California Corporations Code and instructions for these filings are available through the Secretary of State's website at www.sos.ca.gov/business/be/forms.htm.

California businesses that receive one of these fraudulent solicitation letters can mail a written complaint along with the entire solicitation (including the solicitation letter, the outer and return envelopes, and all related documents) to the California Attorney General's office, Public Inquiry Unit, P.O. Box 944255, Sacramento, California 94244-2550. A complaint form, which can be completed online and printed to mail, is available on the California Attorney General's website at www.ag.ca.gov/consumers/general.php.