Recently, an entity calling itself “Division of Corporate Services” with an address in Austin, Texas, mailed solicitations entitled “Annual Records Statement” to numerous Texas business entities. This solicitation might suggest that a Texas business entity is required to complete the statement and return it with a fee of $150.
Although the solicitation contains a disclaimer stating that the Division of Corporate Services is not affiliated with a government agency, many customers may misinterpret the official-looking document. Despite any implications contained in the solicitation, Texas business entities are not required by law to file the statement with the Division of Corporate Services. Based on inquiries this office has received, it appears that confusion has resulted from the solicitation, which some have interpreted as suggesting that filing the statement is necessary to avoid non-compliance with Texas law.
You are not required to do business with the Division of Corporate Services. Whether you choose to do business with them will in no way affect your status with the Secretary of State.
It is important to remember that any official statement or request from the Texas Secretary of State will clearly indicate its origin by displaying the State Seal and the name of the current Secretary of State.
If a Texas business received a solicitation and sent money in response to that solicitation or receives any similar solicitation in the future, a complaint may be filed with the Attorney General.
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