One of the things our firm does for our clients is help them maintain their company documentation on an ongoing basis. One of the recurring tasks is to file Statements of Information with the Secretary of State after the first statement filed in connection with organization of the entity. Domestic stock corporations must file them annually. Limited liability companies must file them every other year.
Before a corporation or LLC must file a Statement of Information, the Secretary of State sends it a renewal notice. Under existing law, the Secretary sends the renewal notice to the mailing address of record. Last year, however, new legislation, AB 657, gives corporations and LLCs the option to receive renewal notices by electronic mail.
AB 657 says that corporations choosing to receive renewal notices and any other notifications from the Secretary by email instead of US mail must provide a valid email address for the corporation or its designee to receive those notices. After such an election, the Secretary will send renewal notices to the last email address of record with the Secretary.
AB 657 affords the same option to limited liability companies. Likewise, it also permits email renewal notices for foreign corporations, nonprofit public benefit corporations, nonprofit mutual benefit corporations, consumer cooperative corporations, and state credit unions. Renewal notices to these entities are also sent to the last email address of record.
Designating an email address may provide a convenience for some clients. Nonetheless, receiving renewals by email entails risk, since clients may frequently change domain names, email addresses, and personnel designated to receive emails. Accordingly, clients wishing to designate an email address may want to designate a role-based email alias for receiving renewal notices, rather than an individual’s email address.