As a general rule, letters from unfamiliar organizations concerning the registration of a business entity with any Secretary of State should be treated with caution — especially letters requesting payment for unsolicited services.
Our clients have received official-looking notices from private companies offering unnecessary services related to various corporate functions, including maintaining corporate records, for a fee. Responding to certain of these solicitations could, among other things, have the effect of appointing the sender of the notice as the company’s new registered agent. We have seen these solicitations in Colorado, Wyoming, Nevada, California, and Arizona. They seem to be becoming more prevalent.
The Colorado Secretary of State’s office has issued an alert stating that many companies have received these types of solicitations from Colorado Corporate Compliance, Board of Business Compliance, and other entities. The Colorado Secretary of State confirms that “Colorado corporations are not required to file corporate minutes with the Secretary of State’s Office” and that Colorado Corporate Compliance and Board of Business Compliance are not associated with the Colorado Secretary of State’s Office.