8-KEarnings & ResultsExhibits & Filings

CMS ENERGY CORP 8-K Report, Financial Results (Jul 28, 2011)

Filed July 28, 2011For Securities:CMSCMS-PCCMSACMSCCMSD

Summary

CMS Energy Corporation (CMS) filed an 8-K on July 28, 2011, to announce its financial results for the second quarter of 2011. A key piece of information for investors is the company's reaffirmation of its previously issued earnings guidance for the full year 2011. While the 8-K itself primarily serves as a cover for the news release and doesn't contain detailed financial figures, it signals that the company is on track with its expectations as of that date. Investors should note that this filing is furnished rather than filed with the SEC, meaning it's not subject to the same liability provisions under Section 18 of the Exchange Act. The company also directs readers to its previous 10-K and 10-Q filings for comprehensive risk factors and forward-looking statements that could impact future results. This filing is therefore a confirmation of existing guidance and a notification of Q2 2011 performance without introducing new material financial data directly into the 8-K.

Key Highlights

  • 1CMS Energy Corporation announced its second quarter 2011 financial results via a news release on July 28, 2011.
  • 2The company reaffirmed its full-year 2011 adjusted earnings guidance.
  • 3The 8-K filing is primarily to attach the company's news release (Exhibit 99.1) and does not contain detailed financial statements within the report itself.
  • 4The information furnished is subject to forward-looking statement disclaimers, and investors are referred to existing 10-K and 10-Q filings for risk factors.
  • 5The filing confirms that the company's performance was in line with expectations as of the second quarter of 2011.
  • 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 second quarter of 2011 and, more importantly, to reaffirm the company's full-year 2011 adjusted earnings guidance through an attached news release.

No, this 8-K filing itself does not contain detailed financial numbers for Q2 2011. It serves as a cover for the news release (Exhibit 99.1) which would contain those specific results and guidance details.

When information is 'furnished' under Item 2.02 (Results of Operations and Financial Condition) of Form 8-K, it means the information is being provided to the SEC but is not deemed 'filed' for the purposes of Section 18 of the Securities Exchange Act of 1934. This means the company generally faces less liability for inaccuracies in furnished information compared to information that is 'filed'.

The filing directs investors to read 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, 2010, and their Forms 10-Q for the quarter ended March 31, 2011. These sections discuss important factors that could cause actual results to differ materially from those anticipated.