8-KEarnings & ResultsExhibits & Filings

CMS ENERGY CORP 8-K Report, Financial Results (Apr 30, 2009)

Filed April 30, 2009For Securities:CMSCMS-PCCMSACMSCCMSD

Summary

CMS Energy Corporation (CMS) filed an 8-K on April 30, 2009, to report its first-quarter 2009 financial results and reaffirm its full-year 2009 adjusted earnings guidance. While the filing itself is brief, primarily referencing an attached news release (Exhibit 99.1), it indicates that the company is providing investors with an update on its operational performance and future outlook amidst the prevailing economic conditions. The reaffirmation of guidance suggests management's confidence in achieving its financial targets for the year, despite potential market uncertainties. Investors should note that this report is furnished, not filed, meaning it is not subject to the same liability provisions as a traditional filing under Section 18 of the Exchange Act. The company directs readers to its previously filed 10-K reports for a comprehensive understanding of risks and forward-looking statements. This 8-K serves as a timely communication of key financial performance indicators and management's outlook for the remainder of 2009.

Key Highlights

  • 1CMS Energy announced its first-quarter 2009 financial results.
  • 2The company reaffirmed its previously issued guidance for full-year 2009 adjusted earnings.
  • 3The filing primarily consists of a news release detailing the Q1 2009 results and guidance.
  • 4The information presented is furnished, not filed, and thus has different legal implications under Section 18 of the Securities Exchange Act.
  • 5Investors are directed to review the company's 2008 10-K filings for detailed risk factors and forward-looking statements.
  • 6Thomas J. Webb, Executive Vice President and Chief Financial Officer, signed the report 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 Corporation's financial results for the first quarter of 2009 and to reaffirm its adjusted earnings guidance for the full year 2009.

No, this filing does not contain detailed financial statements. It primarily references an attached news release (Exhibit 99.1) which provides the results and guidance. Investors should refer to the company's quarterly and annual reports (like the 10-Q and 10-K) for comprehensive financial statements.

When information is 'furnished' under Form 8-K, it means it's being provided to the SEC but is not subject to the same rigorous legal liability under Section 18 of the Securities Exchange Act of 1934 as information that is 'filed'. While it's still important for investors, it offers a degree of protection to the company regarding the accuracy of the furnished information compared to filed information.

The filing directs investors to the 'FORWARD-LOOKING STATEMENTS AND INFORMATION' and 'RISK FACTORS' sections of CMS Energy Corporation's and Consumers Energy Company's Form 10-K for the Year Ended December 31, 2008. These sections provide crucial context regarding factors that could cause actual results to differ materially from those anticipated.