A business solicitation is causing concern in Nebraska.
Secretary of State John Gale cautions Nebraska non-profit corporations and limited liability companies (LLCs) that a company is soliciting $150 to prepare documents, inferring they will meet requirements for biennial reports due next year.
Gale says those agencies need to wait on the official notice.
“However, our official notice to those entities does not go out until January 3rd of 2017 and once business entities get that notice – which will have my name, the office name, the Great Seal of Nebraska and will make it very clear that’s from us – and that’s what they need to do in order to meet that requirement and it’s a very critical requirement,” Gale tells Nebraska Radio Network.
Non-profit corporations and limited liability companies which fail to file the required biennial reports risk dissolution.
The offer from the Nebraska Council for Corporations comes in a very official-looking package. It offers to prepare stockholder and director meeting minutes. That is a bit misleading, according to Gale.
“That has nothing to do with the state of Nebraska,” Gales says. “Those can be prepared by an attorney. They can be prepared by the secretary of the business entity. Those are entirely a private matter.”
Gale cautions the solicitation from the Nebraska Council for Corporations does not originate from his office.
“This does not come from our office. It’s not authorized by our office. We did not contract with them to do this and what they’re offering to prepare are private documents that have nothing to do with any required filing with this office,” Gale states.
Gales says the simplest way to comply with state requirements is to file biennial reports online.
The Secretary of State’s office reports that Starting on December 1, a message will appear on the front page of the Secretary of State’s website letting business entities know about upcoming deadlines. Users will be able, beginning January 3rd, to click links posted on the website to access the appropriate online filings and forms.
Anyone concerned about solicitations received in the mail, by phone, or electronically can contact the Attorney General’s office.