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In this regard, this blog is a discussion based on our video titled “Correction Letters From NYS DOS – Backer Letters.” Like several others created before, this video aims to train and inform you about some issues that you, as a citizen without the training and knowledge affiliated with lawyers, need to know so that you can navigate legal issues without going too deep down your pockets or wasting too much time. Every law firm, including our own Miletti Law®,  would like to provide representation or guidance whenever you are stuck with a legal issue. However, we also acknowledge and admit that you do not always need assistance from an attorney. This is why we create these short videos as a way of letting you know where and when you should seek the services of an attorney and when and where not to. Certainly, your feedback clearly tells us that these videos have been helpful in instances where, without them, you could have wasted time and used a lot of money.

That being said, let us dig into it.

As an American, you will most certainly be required to do several government filings. Usually, government agencies have downloadable documents on their websites; all you have to do is download and fill the document(s) with the appropriate information. A perfect example is when filing for LLCs (Limited Liability Companies/Corporations), which are authorized and usually regulated under Section 203 of the limited liability company law. LLCs are unique organizations because, while they involve endless documentation processes, the statute gives you the freedom and autonomy to create your own documents, such as a corporate infrastructure of your own liking and even distinctive articles of organization and/or publication.

However, this comes along with drafting numerous documents because, despite the autonomy and power at your disposal, the statute requires you to download and fill in documents found on the website. Note that such filings are regulated by executive law under the department of corporations, which, in the State of New York, falls under the New York Code of Rules and Regulations (NYCRR). Unfortunately, some of these documents might prove unhelpful because they may not only fail to fully express what you wish to have in your LLC filing papers but also omit key information that you need your final documents to reflect. Nonetheless, you would certainly want to get everything right when you file the first time. However, it is most likely that you will submit documents that are incoherent and do not adhere to the guidelines of the relevant regulatory law/statute in your jurisdiction.

Bearing in mind that everything is spelled out in the statute, you will most certainly be served with what is known as “correction letters” from the New York State Department of State (NYS DOS). These letters inform you that you failed to adhere to the statute’s guidelines in filing your documents or do not even have the right papers and, therefore, need to fix and resubmit.

As an example, the correction letters might say that your “backer” is incorrect, but you may not have the slightest idea what that should be since it is a colloquial term that is typically used as common practice in the legal industry. With your head reeling and without an idea of what a backer is, your next move would entail searching for the term all over the internet, but with no success, unless you have access to a legal database or something of the sort. Humorously, this is New York and the state has to protect lawyer jobs – the point where you may eventually resolve to seek the help of attorneys who would be so glad that you are stuck and that they have the upper hand in dictating how deep your hands go down your pockets.

In layperson’s terms, a backer is essentially a cover letter. However, it is called a backer because it is technically the back sheet of a stapled ream of sheets/papers (make sure to check Vinny’s illustration in the video) flipped over to the front sheet. As mentioned earlier, these rules and regulations are codified under NYCRR. For instance, this one can be found under Title 19 of the division of corporations state records, Part 150 under the title “Document Size and Backer.” As codified under N.Y. Comp. Codes R. & Regs. tit. 19 § 150.1 of the statute’s guidelines, all backers must have (1) the exact name and title of the document you are looking to file, (2) the name and address of the filer, (3) the DOS ID (department of state identification number assigned to the company/entity, which will be automatically populated if you are filing for the first time), and (4) consistent size of the paper that should be no larger than 81/2” by 11”. Note that all this information must be consistent.

Simply, a backer is just a form document, but thanks to the DOS for making sure you would never know and for making everybody go crazy. Luckily, Miletti Law® has always got your back with training on such stuff that seems complicated and yet difficult to grasp. Accordingly, having made the complicated uncomplicated, we hope we have enlightened you about what a backer is in case you are served with correction letters from the NYS DOS! In case you need assistance, we are just a call away! Accordingly, please, feel free to view our video at

As we continue dropping knowledge bombs every day, stay tuned for more educative videos, inspiring training, & legal advice. As usual, stay tuned for more legal guidance, training, and education. In the interim, if there are any questions or comments, please let us know at the Contact Us page!

Always rising above the bar,

Isaac T.,

Legal Writer & Author.