By Associate Attorney Danielle Nodar
If you have ever formed a business through the Secretary of State’s office, you know that you get a lot of junk mail shortly thereafter. Recently, there have been some new schemes targeting North Carolina business owners through the mail. These mailings look like official government documents, and they quote statutes, cite scary penalties, and prompt the business to pay a fee for a certain “required” form.
One misleading mailing comes from the Filing Labor Compliance Department Services (FLCD), a Florida company that sends a “2019 Certificate of Status Request” form. This form implies that all business entities are required to obtain a Certificate of Status and return the form with a $78.00 fee. Another misleading mailing comes from NC Certificate Service, offering a 2019 Certificate of Existence for $74.50.
However, there is no state requirement that each registered business entity obtain an annual Certificate of Existence. A Certificate of Existence is only required if a business does business in another state. The certificate is issued by the North Carolina Secretary of State for a whopping fee of $10.00 online!
Finally, another mailing scheme comes from the Labor Compliance Department, also based out of Florida, and asserts that businesses are required to purchase state and/or federal labor law posters to display at the business address. The scam offers to provide a labor law compliance package for an $83.00 fee. This scam cites scary penalties for failing to display these posters in a visible location at the business. While the posters really may be required depending on the type of business, these posters can be obtained for free online from the North Carolina Department of Labor.
Do not blindly mail in a check when you receive mail like this. Read it carefully. Contact your attorney or the Secretary of State’s office before paying anything.
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Kelly Rains Jesson