Business Registration Manual

The North Carolina Secretary of State’s Office along with the Attorney General’s Office has taken a few of these companies to court. The companies in question now include disclaimers in their mailings disclosing that they are not part of any federal, state or local government and that the mailing is a solicitation.

Solicitation mailings are not illegal and the North Carolina Secretary of State’s Office can take no legal action against companies following the legal requirements in sending these mailings. While these mailings may not violate the letter of the law, the North Carolina Secretary of State’s Office wants customers to keep a keen eye out for misleading mailings that may not be in keeping with the spirit of the law.

How to Spot Misleading Mailings

Always read the fine print. Most disclaimers will be seen at the bottom of the form or in very small print in the center. By law, the solicitation must include variations of the following:

The soliciting company:

• is not a government agency and does not represent a government agency
• is not a government agency and does not have a contract with any government agency to provide this service
• is not a government agency and is not affiliated with the Secretary of State or any other government agency
• does not officially represent the State or any other government entity
• is a third-party service provider
• is a private entity

The solicitation may also indicate that:

• you are not obligated to use this service to fulfill state requirements
• you may file directly with the Secretary of State’s Office

If you are unsure about the legitimacy of the notice, review your company’s records at the North Carolina Secretary of State’s Office at https://www.sosnc.gov to determine if an annual report is required and, if needed, file directly with the North Carolina Secretary of State’s Office for a much lower fee.