Eric P. Feichthaler

Mr. Feichthaler:

I hold two properties in Cape Coral in a limited liability company. I have received emails from something called “Reminder Department” that says I should file the annual report through them to avoid fines and penalties. Is this something I need to do?

–Kelly B.

Dear Kelly:

The State of Florida, Division of Corporations, requires that all corporations and limited liability companies file an annual report with the state. Most file this online at sunbiz.org. It costs $150 to file an annual report for an LLC.

The email you received is from a private company that is seeking to have you ask them to file the report for you. For this privilege, they charge over a 50% premium. If you carefully read the email, they acknowledge they are not a government agency, and that they are merely assisting you with complying with state requirements. This company has complied their email list based on the state website, which is public information. When you registered your entity, or last filed your annual report, you likely provided your e-mail for notifications from the state. The state should also send you a reminder, but it will be clear that it came from the state and its sunbiz.org domain.

For any emails you may receive regarding your entity or deeds, always double check to ensure you know exactly who is sending it. Be sure before you part with your hard earned money!

You need to file this week to avoid penalties and very high reinstatement fees, so for all those who have not filed their annual reports, do so this weekend! And, save yourself some money by filing directly through the state website, sunbiz.org.

Eric P. Feichthaler has lived in Cape Coral for over 35 years and graduated from Mariner High School in Cape Coral. After completing law school at Georgetown University in Washington, D.C., he returned to Southwest Florida to practice law and raise a family. He served as mayor of Cape Coral from 2005-2008, and continues his service to the community through the Cape Coral Caring Center, Cape Coral Museum of History, and Cape Coral Kiwanis. He has been married to his wife, Mary, for over 20 years, and they have four children together. He earned his board certification in Real Estate Law from the Florida Bar. He is AV Preeminent rated by Martindale-Hubbell for professional ethics and legal ability, and is a Supreme Court Certified Circuit Civil Mediator. He can be reached at eric@capecoralattorney.com, or 239-542-4733.

This article is general in nature and not intended as legal advice to anyone. Individuals should seek legal counsel before acting on any matter of legal rights and obligations.