Corporate Records Services mailer causes stir; Business not required to file

By Robb Hicken/ BBB’s chief storyteller

The Idaho Secretary of State’s office does not require corporate minutes, and a mailer being sent to businesses in the region is using deceptive advertising.Corporate Records Services

Mailboxes from Idaho Falls to Caldwell have been flooded with a “2013 – Annual Minutes Form” from Corporate Records Service of New York, stating that businesses must keep a permanent record of all meetings of its shareholders and board of directors and that the meetings should be held annually.

Secretary of State spokeswoman Kim Hunter says, “What they are asking for is the minutes of their corporation. We don’t require those minutes to be filed with our department.”

The company is using legal citations to make their product seem more official, Hunter says, even though they declare they are not a “government agency and does not have or contract with any government agency to provide this service.”

Businesses must make a corporate annual report filing with the Secretary of State’s Office, but it does not charge for the service.  This service does not meet annual filing requirements with the secretary’s office.

BBB warns businesses to be careful as they prepare their taxes and corporate minutes, and if they want to use a company to format permanent corporate records, that they first check out the company at BBB.org.

“From what we understand, they are trying to help them with their corporate minutes,” Hunter says.  Hunter says Idaho is not soliciting businesses to use this service. Corporate Records Service is not registered with the state.

BBB says beware.  Corporate Records Service has an “F rating” and is not an accredited business.  It charges $125, which is to be mailed to a drop box at a UPS Store on Overland Road in Boise. Completed documents are promised to be returned within four weeks.

A disclaimer states, “You can engage an attorney to prepare them, prepare them yourself, use some other service company or use our service.”

“This is not an official government mailing and businesses are not required to send this private company your corporate information and credit card information,” says Dale Dixon, CEO for Better Business Bureau serving the Snake River Region.

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One response to “Corporate Records Services mailer causes stir; Business not required to file

  1. This update was received from the Attorney General’s office. ROBB

    “Corporate minutes preparation” service pays $15,000 civil penalty

    (Boise) – A Saginaw, Michigan company paid a $15,000 civil penalty to resolve allegations that its direct-mail ads violated the Idaho Consumer Protection Act, Attorney General Lawrence Wasden said.

    The solicitation, which Corporate Records Service mailed to Idaho businesses, included an official-looking form that asked businesses to identify their shareholders, directors, and officers. For $125, Corporate Records Service claimed it would prepare corporate minutes for Idaho businesses. However, businesses that returned the form and paid the $125 received only a blank notebook.

    The solicitation that Corporate Records Service mailed to more than 14,500 Idaho businesses arrived in an envelope with the words “IMPORTANT: ANNUAL MINUTES REQUIREMENT STATEMENT” printed on the outside.

    “Consumers are being bombarded with bulk mail ads disguised as government or official forms,” Wasden said. “Idaho law prohibits using any words, symbols, identification numbers, or other markings that may cause a reasonable consumer to believe an advertiser is associated with the government.”

    Idaho businesses complained to the Attorney General that the form appeared to originate from the government and that they believed they were required to complete and return it with the $125 payment.

    Corporate Records Service is a d/b/a for The Mandatory Poster Agency, Inc., which previously sold goods and services in Idaho under the name The Idaho Food Compliance Center. In 2007, Attorney General Wasden obtained refunds for Idaho businesses and recovered $10,000 in costs following his investigation of the company’s misrepresentations that all food establishments in Idaho were required to purchase “approved hand-washing” posters in order to comply with new Idaho food codes. Idaho has no new food statutes regarding hand-washing posters.

    Today’s agreement prohibits Corporate Records Service from using the following words and symbols in its ads:

    · Confidential
    · Official business
    · Response required
    · Government information enclosed
    · Outline of Idaho
    · Outline of the United States
    · Representations of the government (e.g., Idaho seal, U.S. flag, bald eagle)

    Corporate Records Service also must disclose in its ads all material terms and conditions related to the advertised offer and may not include in its ads any inaccurate statutes or regulations, random identification numbers that have no purpose, or artificial deadlines.

    In addition to paying a $15,000 civil penalty, the company paid the Attorney General $1,500 to reimburse him for the fees and costs incurred during his investigation. Under the Corporate Records Service’s broad refund policy, businesses that requested a refund and returned the merchandise to the company received refunds.
    Attorney General Wasden offers the following tips to avoid losing money to unscrupulous direct-mail advertisers:

    1. Opt out of prescreened offers of credit and insurance. Call 888-567-8688 or visit http://www.optoutprescreen.com for more information.
    2. Opt out of receiving unsolicited commercial mail from national companies for five years. Visit http://www.dmachoice.org for instructions.
    3. Read and understand the small print on every solicitation before responding.
    4. Watch out for solicitations disguised as invoices or bills. Never pay for something you didn’t order or receive.
    5. Discard letters or solicitations saying you won something. Nothing is free, and the costs you will incur to obtain your “free” prize will far surpass the value of the prize.
    6. Don’t purchase a health care discount card, prescription card, or a so-called Medicare-approved card through the mail. Contact Medicare directly at 800-633-4227.
    7. Never attempt to cash a check you receive “out of the blue” from an unknown person. Rip up the check and throw it away.

    If you lose money to a company because of a deceptive advertisement, file a complaint with the Attorney General’s Consumer Protection Division. To obtain a complaint form, visit the Attorney General’s website at http://www.ag.idaho.gov or call 208-334-2424.

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