8-KEarnings & ResultsExhibits & Filings

CMS ENERGY CORP 8-K Report, Financial Results (Oct 23, 2013)

Filed October 23, 2013For Securities:CMSCMS-PCCMSACMSCCMSD

Summary

CMS Energy Corporation (CMS) filed an 8-K on October 23, 2013, to report its financial and operational results for the third quarter of 2013. The primary purpose of this filing is to furnish a news release detailing these results, which is attached as Exhibit 99.1. Investors should note that while this 8-K contains important financial information, it is furnished rather than filed, meaning it is not subject to the same level of liability under Section 18 of the Securities Exchange Act of 1934. The filing also emphasizes that forward-looking statements made within the news release are subject to various risks and uncertainties, and investors should refer to the company's other SEC filings, such as Forms 10-K and 10-Q, for a comprehensive understanding of these risks.

Key Highlights

  • 1CMS Energy Corporation announced its third quarter 2013 financial results via an October 23, 2013, news release furnished with this 8-K.
  • 2The filing primarily serves to attach the news release containing the Q3 2013 operational and financial performance data.
  • 3Information provided in this 8-K, including the attached news release, is considered 'furnished' and not 'filed' for purposes of Section 18 of the Securities Exchange Act of 1934.
  • 4The company explicitly includes cautionary language regarding forward-looking statements made in the news release.
  • 5Investors are directed to refer to CMS Energy's and Consumers Energy Company's (a subsidiary) Forms 10-K and 10-Q for detailed risk factors and forward-looking statement information.
  • 6Thomas J. Webb, Executive Vice President and Chief Financial Officer, signed the report on behalf of both CMS Energy Corporation and Consumers Energy Company.

Frequently Asked Questions

The main purpose of this 8-K filing is to publicly announce and furnish CMS Energy Corporation's financial results for the third quarter of 2013, as detailed in an attached news release (Exhibit 99.1).

No, the information in this 8-K, including the attached news release, is 'furnished' under General Instruction B.2, meaning it is not deemed 'filed' for purposes of Section 18 of the Securities Exchange Act of 1934, nor is it automatically incorporated by reference into other SEC filings unless expressly stated.

The filing directs investors to review the 'FORWARD-LOOKING STATEMENTS AND INFORMATION' and 'RISK FACTORS' sections within CMS Energy's and Consumers Energy Company's most recent Forms 10-K and 10-Q filings for a comprehensive understanding of potential risks and uncertainties.

The 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 its subsidiary, Consumers Energy Company.