8-KEarnings & ResultsExhibits & Filings

CMS ENERGY CORP 8-K Report, Financial Results (Feb 25, 2009)

Filed February 25, 2009For Securities:CMSCMS-PCCMSACMSCCMSD

Summary

CMS Energy Corporation (CMS) filed an 8-K on February 25, 2009, to announce its 2008 financial results and provide adjusted earnings guidance for 2009. This report primarily serves to attach the press release detailing these financial updates. Investors should note that the information furnished in this 8-K is not considered 'filed' for the purpose of Section 18 of the Securities Exchange Act of 1934, and thus does not carry the same legal liabilities. The company also explicitly referenced forward-looking statements within the filing, directing readers to refer to the risk factors and forward-looking information sections of its 2007 Form 10-K and subsequent 2008 Form 10-Q filings for a comprehensive understanding of potential risks and uncertainties that could impact future performance. This indicates a standard practice of Kaye disclosure for publicly traded companies, especially during periods of economic uncertainty.

Key Highlights

  • 1CMS Energy announced its 2008 financial results and issued 2009 adjusted earnings guidance via a press release.
  • 2The 8-K filing primarily acts as a vehicle to furnish this press release (Exhibit 99.1).
  • 3Information furnished in this report is not deemed 'filed' under Section 18 of the Securities Exchange Act of 1934.
  • 4The company included standard cautionary language regarding forward-looking statements.
  • 5Investors are directed to previous SEC filings (2007 10-K and 2008 10-Qs) for detailed risk factors and forward-looking information.
  • 6The filing was signed by Thomas J. Webb, Executive Vice President and Chief Financial Officer for both CMS Energy Corporation and Consumers Energy Company.

Frequently Asked Questions

The main purpose of this 8-K filing is to announce CMS Energy's 2008 financial results and provide its adjusted earnings guidance for 2009. It serves to officially include the company's press release containing these financial updates in its public filings.

No, according to General Instruction B.2 of Form 8-K, the information furnished in this report, including the press release, is not deemed 'filed' for the purposes of Section 18 of the Securities Exchange Act of 1934. Therefore, it is not subject to the liabilities of that section.

The filing directs investors to refer to the 'FORWARD-LOOKING STATEMENTS AND INFORMATION' and 'RISK FACTORS' sections in CMS Energy's and Consumers Energy's Form 10-K for the year ended December 31, 2007, and their respective Forms 10-Q for the quarters ended March 31, June 30, and September 30, 2008, for a detailed discussion of important factors that could cause actual results to differ materially from those anticipated.

This report was signed by Thomas J. Webb, who holds the position of Executive Vice President and Chief Financial Officer for both CMS Energy Corporation and Consumers Energy Company.