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                        1041  FIDUCIARY  TRUSTS ~

"The Trust that is NOT a trust!"

[See our special offer for the complete American Jurisprudence, 2d Edition on a two CD-ROM set for Windows/DOS/MAC]

Common Law trusts are really NOT TRUSTS!!! They are most commonly referred to as a Massachusetts Business Trusts (MBT); but are also known as a Contractual Business Organizations (CBO), as Illinois Land Trusts (ILT), an Unincorporated Business Organizations (UBO), a Business Trust Organizations (BTO), Common Law Trust Organizations (Colato), Pure [or Pure Equity] Trusts, Blind Trusts, Express Trusts, or Contractual Companies (CC); but they are not trusts.  They are all different types of "contracts" cast in the form of trusts utilizing the terms and format of trusts but they are not trusts as outlined in the IRS Code Section 671 through 678!  Each of the above types of contractual organizations fall under "contract law" and therefore must conform as such.

 

Therefore, are all Business Trust "Shams" or do they really have a legitimate purpose?

Download "IRS Article on Sham Trusts": PDF format

 

In the January 1996 American Bar Association Journal, an article appeared stating that Americaís lawyers are lining up, protecting their own assets from the hazards of litigation by setting up fiduciary Asset Protection Trusts (APT) for themselves; e.g., contractual unincorporated organizations. As one attorney quoted in the article put it: "I do not want someone doing to me what I do to them all day in court."

 

Download "Newspaper Article on Business Trusts": PDF format

 

"It may be said that the Constitution executes itself. This expression may be allowed; but with as much propriety. These may be said to be laws which the People have enacted themselves, and no laws of Congress can either take from, add to or confirm them. They are rights, privileges or immunities that are granted by the People, and are beyond the powers of Congress or State Legislatures. It may be laid down as a universal rule, Admitting to no exception, that when the Constitution has established a disability or immunity, a privilege or a Right, these are precisely as that instrument has fixed them, and can neither be augmented nor curtailed by any act or law either of Congress or a State Legislature. We are more particular in stating this because it has sometimes been forgotten both by Legislatures and Theoretical expositors of the Constitution." Bouvier's Law Dictionary. l870 pp 622-625

"The general rule is that an unconstitutional statute, though having the form and name of law, is in reality no law, but is wholly void and ineffective for any purpose, since its unconstitutionality dates from the time of its enactment...In legal contemplation, it is as inoperative as if it had never been passed...Since an unconstitutional law is void, the general principles follow that it imposes no duties, confers no right, creates no office, bestows no power or authority on anyone, affords no protection and justifies no acts performed under it... A void act cannot be legally consistent with a valid one. An unconstitutional law cannot operate to supersede any existing valid law. Indeed insofar as a statute runs counter to the fundamental law of the land, it is superseded thereby. No one is bound to obey an unconstitutional law and no courts are bound to enforce it.í 16 Am Jur 2d 177, late Am Jur 2d 256. Norton v. Shelby County, 118 US 178.

"... A regulation which is inconsistent with the law is invalid ... because a statute may not operate in derogation of the Constitution." Title 5 U.S.C. 301, 559 C1. 2

13 Am Jur 2d, pg. 379, Paragraph 51 "One of the objectives of Business Trusts is to obtain for the Trust associates, most of the advantages of corporations, without the authority of any legislative act and with the freedom from the restrictions and regulations generally imposed by law upon corporations."

The main problem with sham trust providers, charlatan preachers, bad insurance agents, auto salesmen, CPAs, Attorneys, and the lot is that when you find out what category they are in ... itís usually too late! Youíre the loser. "Study to show yourself approved."

Download "Banking Constructive Notice": PDF format |

The following question was posed to Don L. Wood, author of Tax Free! How the super rich do it! and was posted on the internet at www.passpostsociety.org. It was such an honest and succinct response that we decided to reprint the Q & A here. Please visit the site above and order this remarkable book for yourself. Everyone who wants to protect themselves must have this book in their library.

Q: [Don,] What's the difference between "pure trusts" and "common law trust organizations", and how can you determine the difference?

A: [Doug,] So called experts donít know the difference. I'll offer an answer that is far too simple, but the only other version would easily take a semester in law school. All trusts . . . (how many does that leave out?) . . . are creatures of equity.

Equity is a legal system developed in England during the 7th Century when the crown converted to Christianity. The king established a new court system whose leadership (Chancellor) was also the head of the church of England. Therefore, it is in every consideration an ecclesiastical court where the "judges" (chancellors) try matters of conscience! Many of its terms, for example, are religious in nature; "prayer for relief", "invoking equity", even the term "chancellor". The term "chancellor" being corrupted from its original hard "ch" sound as today's letter "k" sounds, and which we would spell today as cancellor, was one who cancelled sins. As the head of the church of England, he had the power to remit sins. Courts of Equity have jurisdiction over all statutory trusts.

In England and her colonies, the two courts, the courts of law and equity, were merged so that today's "judge" is both judge and chancellor, i.e.; the cancellor of sins. The United States followed suit in the 1920's. In only a few of the Commonwealth States is law and equity still practiced separately. Unless one knows the difference he may easily take his claim to a chancellor rather than to a judge. Chancellors have the power to interpret matters of conscience as might a priest. Judges, on the other hand, only referee the parties and interpret the law.

Chancellors interpreting matters of conscience in today's moral climate gives me the shivers. When the President of the United States finds it convenient and expedient to lie óó even when he knows everyone knows he's lying óó and the people forgive him even though he's asked for no forgiveness, anything corrupt can and will happen. (Somehow, Americans want a good government without being good themselves, and the two are not as separable as they would like to imagine. Corruption is as common at the top as it will be at the bottom.)

A court and a judge which have "equitable powers" gives me goose pimples. I have never been able to understand why someone would write a contract and then permit the opportunity for that type of judicial review of deciding what the parties meant or should have meant! Instead of the rigidity of common law, that contract is as flexible and flimsy as the paper it's written on!

Pure trusts, and 99% of the other so called common law trusts will invoke equity jurisdiction even though there never needed to be any. Therefore, the judge is given the power to interpret the spiritual aspects of a pure trust, and as I said, with today's moral climate being what it is, I surely wouldn't write a contract and then permit equity to interpret it for me. Common law trusts organizations prevent that. That is something 99.9% of the rest of the so called "trust practitioners" haven't even thought about yet. Further, because it's so easy to step into that arena by accidentally invoking equity somewhere or some other way, it should make your blood run cold.

[END OF Mr. Woodís QUESTION & ANSWER]

Download "Business Trust Instruction Manual": PDF format |

The most important landmark case handed down by the United States Supreme Court concerning common law trusts is Hale v. Henkel, 201 U.S. 43(1906). It has been used since 1906 more than 1,600 times. On the persuasive side in Hale v. Henkel, it was the United States Supreme Court which was speaking the "Law of the Land." How much more persuasive can a case be? The never overturned opinion of the court as stated at page 89 is as follows:

"The individual may stand upon his constitutional rights as a citizen. He is entitled to carry on his private business in his own way. His power to contract is unlimited. He owes no duty to the State or to his neighbors to divulge his business, or to open his doors to an investigation, so far as it may tend to incriminate him. He owes no duty to the State, since he receives nothing therefrom, beyond the protection of his life and property.

"His rights are such as existed by the Law of the Land (Common Law) long antecedent to the organization of the State, and can only be taken from him by due process of law, and in accordance with the Constitution.

                        "He owes nothing to the public so long as he does not trespass upon their rights."               [Emphasis Added.]

View 133 legal citations about "contract trusts."

Additionally, in 1914, 1976, 1985, 1994, and again in 2002, the Conference of Commissioners on Uniform State Laws in Section 2 declared that a PERSON is defined as "an individual, corporation, business trust, estate, trust, partnership, joint venture, government, governmental subdivision, agency or instrumentality, or any other legal or commercial entity.  [Underscore for emphasis only.]

If you liked the above Foreword and Preface; click on the download link below to get the complete, absolutely free, fifty-six page Adobe .pdf (or optional .zip) format file "A COMPREHENSIVE INTRODUCTION TO THE UNINCORPORATED BUSINESS ORGANIZATION".

Download "Comprehensive Introduction to UBOs": PDF format |

 

CALIFORNIA CODES CORPORATIONS CODE SECTION 16901-16917 16901. In this article, the following terms have the following meanings: (1) "Constituent other business entity" means any other business entity that is merged with or into one or more partnerships and includes a surviving other business entity. (2) "Constituent partnership" means a partnership that is merged with or into one or more other partnerships or other business entities and includes a surviving partnership. (3) "Disappearing other business entity" means a constituent other business entity that is not the surviving other business entity. (4) "Disappearing partnership" means a constituent partnership that is not the surviving partnership. (5) "Domestic" means organized under the laws of this state when used in relation to any partnership, other business entity, or person (other than an individual). (6) "Foreign other business entity" means any other business entity formed under the laws of any state other than this state or under the laws of the United States or of a foreign country. (7) "Foreign partnership" means a partnership formed under the laws of any state other than this state or under the laws of a foreign country. (8) "General partner" means a partner in a partnership and a general partner in a limited partnership. (9) "Limited liability company" means a limited liability company created under Title 2.5 (commencing with Section 17000), or comparable law of another jurisdiction. (10) "Limited partner" means a limited partner in a limited partnership. (11) "Limited partnership" means a limited partnership created under Chapter 3 (commencing with Section 15611), predecessor law, or comparable law of another jurisdiction. (12) "Other business entity" means a limited partnership, limited liability company, corporation, business trust, real estate investment trust, or an unincorporated association (other than a nonprofit association), but excluding a partnership. (13) "Partner" includes both a general partner and a limited partner. (14) "Surviving other business entity" means an other business entity into which one or more partnerships are merged. (15) "Surviving partnership" means a partnership into which one or more other partnerships or other business entities are merged.

Also view California Jurisprudence, 3rd Edition (Rev), Volume 15, Corporations, Sections 551 through 560.

 


SAMPLE CONTRACT

 

Before "investing in" or "creating" an irrevocable business trust by any name; please visit The Militia Watchdog web site for an excellent article by Mark Pitcavage, Ph.D.  His in-depth article, "Trust and the Trustworthy..." is a must read for everyone pursuing this form of asset protection.  The article was originally posted to a Web-based discussion group on March 17, 1998 by a Mike Kaye (spelling and punctuation faithfully duplicated).  The article was later posted to Militia Watchdog on April 7, 1999. Even though it has been almost six years since it's publication . . . the article is still valid for today.

 

A CONTRACT

AND

DECLARATION OF WORLD TRUST

CREATED BY THE COMMON LAW RIGHT OF CONTRACT AND THE RELIGIOUS FREEDOMS OF MANKIND

THE PARTIES TO THIS CONTRACT CREATE

AN UNINCORPORATED TRUST

NAMED THE WORLD FAMILY TRUST

THIS 17 JUNE 2003

Page one of fourteen pages of United Peoplesí Trust Contract dated _______________

DECLARATION OF TRUST

This Trust is established as an Unincorporated Non-commercial Trust, by Common Law Contract and within the participating parties right to their freedom of religion, by and between the undersigned Grantor/Creator, Trustees, or Agents thereof, as a pure and irrevocable Inter Vivos Trust and shall be administered by persons holding title to the Trust assets as Joint Tenants and not as Tenants in Common acting as Board of Trustees and/or Agents under a life purpose as herein set forth, according to the unalienable rights of man which are sacred and untouchable and specifically not regulated by or subject to any statutory laws of any individual, fictitious entity or nation of any kind.

DECLARATION OF AUTHORITY

This instrument shall serve as the Board of Trusteeís and/or Agentís abundant guide supplemented from time to time by resolutions of the Board of Trustees covering contingencies as they arise and recorded in the Minutes of its meetings.  Trust Minutes are a portion of the rules and regulations of this Trust.  The said Minutes to be substantiated by all members of the Board of Trustees or their designated Agents.  Such authority as awarded herein is possessed by the Board of Trustees of this Trust alone, thus leaving for determination by the courts (see indenture 35) only the question of conscientious dealing of those persons, or their Agents.

The Board of Trustees or their agents shall have all of the powers necessary, convenient or appropriate to effectuate the PURPOSE of this Trust, and shall take any action which it deems necessary or desirable and proper to carry out such purposes, provided however, that those purposes and actions shall not be inconsistent with other provisions herein.  Any determination of purpose of this Trust, made in good faith by the Board of Trustees, or their Agents, shall be conclusive.  In construing the purpose of this Trust Indenture Declaration and the Trust Minutes, the presumption shall be in favor of the grant of power to the Board of Trustees, or their Agents.

NAME AND ADDRESS OF TRUST

The present name and address of this World Family Trust organization shall be as set forth below, but the Board of Trustees, or their designated Agents, shall have the power to change the address to any other place which shall be deemed necessary to the operation of this Trust.

UNITED PEOPLESí TRUST (Trust name)

P.O. Box XXXXX  (Trust Address)

City, State  (Trust City and State of domicile)

This Agreement and conveyance is made and entered into on this 17th day of June 2003.

Page two of fourteen pages of United Peoplesí Trust Contract dated _______________

In witness thereof the Creator hereof and Grantor hereto and the Acceptors hereof, for themselves, their heirs, successors, and assigns, have hereunto set their hands and seals in token of the conveyance, delivery and acceptance of property, assets, or other things of value, and the obligations and duties as herein assumed as expressed, claiming their Unalienable Rights which are specifically not regulated by or subject to any statutory laws of any individual, fictitious entity or nation of any kind.

___________________________

Jean Francois Aymonier, Grantor

ORIGINAL TRUSTEES OF THE UNITED PEOPLESí TRUST

_______________                  _______________

Dudley, Trustee                       Andrew, Trustee

_______________                  _______________

Inga, Trustee                            Daniel, Trustee

_______________                  _______________

Peter, Trustee                           Etc.

DATE: ______________________

Notary Publicís Seal

State of ______________

County of _____________

On this ____ day of _________, in the year 2003, before me, the undersigned, and Notary Public duly authorized in and for the State of ______________, personally appeared Jean Francois Aymonier, Grantor, Dudley, Trustee, Inga, Trustee, Peter, Trustee. Andrew, Trustee, Andrew, Trustee, and Daniel, Trustee, known to me (or proved to me on the basis of satisfactory evidence) to be the individuals whose names are subscribed to the foregoing instrument and acknowledged to me that they executed the same for the purpose and consideration therein stated.

Given under my hand and seal

My commission expires _________________

Notary Public ____________________________________________

 

Page three of fourteen pages of United Peoplesí Trust Contract dated _______________

CERTIFICATION

In Witness Whereof:

The Creator, Exchanger, and the Trustees/Agents hereof for themselves, their Heirs, Successors and Assignees have hereunto set their hands and seals in token and recognition of an offer and acceptance.

Acceptors and Trustees/Agents hereof to hold legal title, in Trust, as Joint Tenants, and not as Tenants in Common, who collectively shall compose the Board of Trustees for the purpose of conducting the business of this Trust Organization.  The Creator herby appoints and constitutes the above designated Trustees/Agents to be, in fact, the Board of Trustees of the Unincorporated Trust Organization hereby created and established.

Members of the Board of Trustees of said Trust Organization do assent to all the stipulations herein imposed and expressed and hereby declare this Contract to be in full force and effect and by signatures appearing below, pledge their best efforts.  They agree singly and collectively to not engage in any activity that will bring unfavorable reaction upon this Trust Organization.

__________________________ Creator (signature)

Jean Francois Aymonier

Etc.

ACKNOWLEDGEMENT

Notary Publicís Seal

 

State of ______________

County of _____________

On this ____ day of _________, in the year 2003, before me, the undersigned, and Notary Public duly authorized in and for the State of ______________, personally appeared Jean Francois Aymonier, Grantor, Dudley, Trustee, Inga, Trustee, Peter, Trustee. Andrew, Trustee, Andrew, Trustee, and Daniel, Trustee, known to me (or proved to me on the basis of satisfactory evidence) to be the individuals whose names are subscribed to the foregoing instrument and acknowledged to me that they executed the same for the purpose and consideration therein stated.

Given under my hand and seal

My commission expires _________________

Notary Public ____________________________________________

 

Page four of fourteen pages of United Peoplesí Trust Contract dated _______________

 

AGREEMENT OF CONTRACT BY INDENTURE

  1. That this Trust shall be established for an initial term of 25 years.  However, the Trustees in a manner and number selected by themselves, shall be empowered by decision to renew its operation for a new term not to exceed an additional 25 years, provided that such extension shall not exceed the maximum term allowed by the rule against perpetuities.  The Trustees may, at their discretion, terminate this Trust and distribute the assets to the Beneficiaries as their pro rata interest appears.

  1. That the Grantor/Creator shall execute and cause to be delivered to the trustees of this Trust all documents necessary to convey rights, title, and interest in and to any real property transferred to this Trust and such other documents as may be required to transfer and convey all rights, title and interest in and to any personal property which the Trustees shall hold title to in Joint tenancy, for the benefit of the Beneficiaries.  The Trustees may designate Agents to manage the Trust for the benefit of the Beneficiaries.

  1. That upon proper notice to the Board of Trustees, any Trustee or Agent, with proper signed resignation and in a manner and number selected by the Board of Trustees, may withdraw from the Board.  The remaining Board of Trustees or Agents shall have the right to designate a successor Trustee or Agent.  Such successor Trustee or Agent shall not be liable or responsible in any way for the acts or defaults of any predecessor Trustee or Agent, nor of any loss, or expense caused by anything done, or neglected to be done, by any predecessor Trustee or Agent; but the successor Trustee or Agent shall be liable only for his/her own acts or defaults with respect to the Trust funds actually received by him/her as Trustee or Agent.  Every successor Trustee or Agent shall be vested with all the duties, rights titles, and powers, whether discretionary or otherwise, of the original Trustees or Agents.

  1. That in equal exchange for the conveyances described in this instrument, the Trustees or Agents shall issue to the Grantor/Creator named herein a Certificate evidencing two hundred (200) Units of Beneficial Interest for his redistribution to the Beneficiaries which have been designated herein.  That the Trustees on order of the Grantor/Creator transfer ownership of said 200 Beneficial Units to, and among to designated Beneficiaries.  That the beneficial interest assigned to the Beneficiaries by the Grantor/Creator is non-transferable (see indenture 29).

  1. That the Trustees or Agents so nominated and appointed shall administer this Trust sitting as a Board of Trustees, for the benefit of this Trust as a whole, and not as individuals for the separate Trusts through which they are associated.

  1. The Board of Trustees shall designate one or more contingent Trustees or Agents.  Upon the death, permanent disability, or resignation of any Trustee or Agent of this Trust, the Board of Trustees shall, in a manner and number selected by them, designate one or more of the contingent Trustees or Agents to be successor Trustees or Agents.

Page five of fourteen pages of United Peoplesí Trust Contract dated _______________

  1. That by signing and acknowledging this Agreement, the herein appointed Trustees or Agents accept, and will perform, all of the duties incumbent upon them as Trustee or Agents of this Trust.  Whenever new of successor Trustees or Agents are elected or designated for this Trust, the property of this Trust shall be vested in them as joint tenants without the need of any further act or conveyance.

  1. That the Board of Trustees or Agents shall able authorized to rescind and/or issue new or additional Units of Beneficial Interest beyond those originally specified, however Units may not return to the Grantor/Creator, but will be for the benefit of the Beneficiaries.

  1. That the Grantor/Creator or any other person may, at any time during the term of this Trust, add to, and thus increase, the Trustís corpus by making gifts thereto.

  1. That the Trustees or Agents hereby accept control over the corpus of this Trust and by their signatures to this document, they agree to fulfill the duties therein set forth and that they pledge their best efforts and interest to preserving and protecting the assets of this Trust for the benefit of the Beneficiaries.

  1. That the Trustees or Agents shall meet from time to time to enact Minutes which, when entered into the records of this Trust, shall constitute the authority and the official guide for the acts of the Trustees or Agents in executing their duties under this Trust.   Such Minutes shall conform to the guidelines and mandates set forth in this indenture and shall be binding.

  1. That the Trustees or Agents of this Trust may elect one of their number as Head Steward Trustee, another as Secretary Trustee, and/or designate a Treasurer, Manager, and/or any other position of Trust stewardship that the Board of Trustees deems necessary.  Any of the above Trustees or Agents who, under the direction of the Board, will conserve and oversee the corpus of the Trust and shall receive reasonable compensation for such service as determined by the Board of Trustees.

  1. That it shall be the duty of the Trustees to manage the Trust property for the benefit of the Beneficiaries in a manner which seems to the said Trustees or Agents most desirable and beneficial.  In doing so, the Trustees or Agents may perform any act that would be legal and proper for an individual, subject to the restrictions of applicable law and to the provisions contained in these indentures.  Further, that the Trustees or Agents may, by duly recorded Minutes, adopt their own rules and regulations by which they shall be guided in carrying out their duties as Trustees or Agents.

  1. That the Trustees or Agents shall, if deemed appropriate or necessary, establish a separate bank account or other means of financial accounting for this Trust, in which its funds shall be secured; and the Trustees or Agents shall determine the authority by which payments may be disbursed or withdrawn from said funds.

  1. That no decision of the Trustees or Agents, or any disbursements of funds, shall be effective or binding unless it is authorized by said Board of Trustees, and is properly

Page six of fourteen pages of United Peoplesí Trust Contract dated _______________

entered as a Minute in the permanent record of the Trust.  However, the Board of Trustees may confer upon a designated Trustee or Agent certain limited powers, to make day-to-day necessary disbursements in the due course to ordinary Trust business.  Such disbursements shall be subjected to subsequent review and approval by the Board of Trustees.

  1.  That the Trustees or Agents shall, by a Minute properly inscribed in the official record, make a provision as to the time and place for holding regular meetings.  No decision shall be effective or binding unless ratified by the Board of Trustees. As long as the Trustís web site is available on the Internet, the Board of Trustees Meeting shall be virtually perpetual.  An acceptance of an issue onto the current issue list of the Trustís web site by the Board of Trustees shall constitute the opening of the Board of Directorís meeting for that issue.  An acceptance of a proposition in a final vote by the Board of Trustees on the Trustís web site shall constitute the adjournment of the Board of Trustees for the particular issue being addressed at the time. In the alternative, when the Internet may not be available, the Trustees shall have the responsibility to have established a method in which to implement a similar service as provided on the Trustís web site.  This method shall include the most advanced and efficient alternative methods available at the time.

  1. That the Trustees or Agents shall maintain well kept books, accounts, and records, and shall preserve proper Minutes of meetings and record all decisions therein relative to this Trust.  All such records shall thereafter and permanently be available to the Trustees or Agents at all times.

  1. That the Trustees or Agents of this Trust may compensate anyone, including themselves, in a reasonable amount for necessary functions performed incidental to the operation of this Trust.  All such compensation shall be fixed and paid at the discretion of the Board of Trustees.

  1. That should, at any time, be determined that one or more of the Trustees or Agents have acted in bad faith in violation of these indentures and that such acts have been inimical to this Trust and its Beneficiaries, the offending Trustees or Agents may be removed by a court of proper jurisdiction upon an action by the Grantor/Creator, any Trustee of Agent, or any Beneficiary named in this Trust (see indenture 35).

  1. That the Trustees or Agents of this Trust shall serve without bond, and that, as individuals, none of them shall ever be held responsible for any debts or obligations incurred by the Trust.

  1. That the income of this Trust (if any) shall not be used to relieve the Grantor/Creator of any family obligation in respect to spouse, children, or other relatives legally dependent upon him/her, or fro any other personal obligation of the Grantor/Creator.

  1. That the Trustees or Agents, at their discretion, may disburse to the Beneficiaries all or any portion of the net income of this Trust.  When any such distribution is made, it shall always be in direct ratio to the number of Units of Beneficial Interest.

Page seven of fourteen pages of United Peoplesí Trust Contract dated _______________

  1. That no disbursement or other benefit shall accrue to any Beneficiary or other individual, except as set forth in these indentures.

  1. That the Board of Trustees shall have the power to lend money or make any desirable investments, then available under existing law, if there are funds available for same; but they shall have no authority to perform any actions prohibited in these indentures.

  1. That this Declaration of Trust creates only an irrevocable Trust, and not a corporation, Partnership, or Association.

  1. That the Trust created herein is a separate and independent entity and, as such, cannot be held legally responsible for any debt or obligation incurred personally as an individual by the Grantor/Creator, any Trustee or Agent, or any Beneficiary.

  1. No Beneficiary, as such, shall be empowered to control the Trustees or Agents in any way, nor to dictate management or investment policy of the Trust, nor to determine the distribution of the Trust income or corpus.  However, the Trustees or Agents, at their discretion, may inform the Beneficiaries of the financial condition, operation, and activities of the Trust.

  1. That neither the death nor insolvency or bankruptcy of any Trustee or Agent, or any holder of a Certificate of Beneficial Interest shall in any way effect the operation or continuity of this trust.

  1. The Certificates evidencing Units of Beneficial Interest are non-transferable.  Units may be returned to this Trust and re-issued by consent and approval in a manner and number selected by the Board of Trustees.

  1. That the Trustees or Agents shall not personally be liable or responsible while performing their duties according to the mandates of this Trust for any investment losses resulting from no fault of their own.  However, that they may be removed from the Board of Trustees and held lawfully accountable for damages personally for losses suffered by the Trust because of fraud, conversion of Trust property to personal use, gross neglect or duty, or breach of Trust.

  1. That since this Trust confers limited liability upon the Trustees or Agents and Beneficiaries thereto, a statement declaratory of such limited liability shall be printed clearly on all contracts made by and between the Trustees or Agents or this Trust, or representatives thereof, and any third party or parties to such contract.  Furthermore, this Trust shall be responsible only for its own obligations and never for those of any Grantor, Trustee, Agent or Beneficiary.

  1. That the Board of Trustees of this Trust shall originally consist of two or more natural persons, but said Board my consist of as many Trustees or Agents, including only natural persons, as shall be determined in a manner and number selected by the Board of Trustees.

Page eight of fourteen pages of United Peoplesí Trust Contract dated _______________

  1. That if any Beneficiary hereunder dies before the dissolution of this Trust, the Certificate of Beneficial Interest issued to any such Beneficiary shall immediately become null and void, and thereupon the Trustees or Agents shall issue a new Certificate of Beneficial Interest to such new Beneficiaries as they may choose.

  1. The interest of any Beneficiary, primary or otherwise, in the corpus or income of this Trust shall not be subjected to assignment, alienation, pledge, attachment, or claims of creditors, and shall not otherwise be voluntarily or involuntarily alienated or encumbered by the Beneficiary, or anyone else.

  1. Actions of this Trust shall be interpreted and confined under the jurisdiction herein established.  The dispute clause and its prelude attached to this Trust Indenture are incorporated into this Agreement of Contract and they are a part of this Contract in their entirety.  Any questions as to the validity, purpose or intent of this Trust shall be interpreted in accordance with same.

  1. If any provision of this Declaration of Trust and Contract or its application to any person or circumstances is held invalid by an order of a court of competent and lawful jurisdiction, the application of its provisions to other persons or circumstances is not affected.

  1. By the lawful Right to privacy, the actions and decisions of the Trustees or Agents, as well as the day-to-day affairs of the administration of this Trust shall remain a permanent part of the corpus of this Trust under Common Law Copyright, and shall remain within the records of this Trust.  This Trust and its Trustees or Agents shall have all the Unalienable Rights of Man.

In witness whereof the Creator here fore and Grantor hereto and the Acceptors hereof, for themselves, their heirs, successors and assigns, have hereunto set their hands and seals in token of the conveyance, delivery and acceptance of property, assets, or other things of value, and the obligations and duties as herein assumed as Trustees of said Trust and assent to all stipulations herein as imposed and expressed, claiming their Unalienable Rights, which are specifically not regulated by or subject to any statutory laws of any individual, fictitious entity or nation.

_______________

Jean Francois Aymonier, Grantor

ORIGINAL TRUSTEES OF THE UNITED PEOPLEíS TRUST

________________

Dudley, Trustee

________________

Inga, Trustee

Page nine of fourteen pages of United Peoplesí Trust Contract dated _______________

The Prelude to the Dispute Resolution Clause is a descriptive part of this Contract in its entirety. The Dispute Resolution Clause is also a part of this Contract in its entirety. All together they clearly define the nature of this Contract.

Prelude to Dispute Resolution Clause

The Parties of this Contract hold a strong desire to clearly and unmistakably define the nature of this Contract. It is the intent of these Parties to reduce the complexity, cost and length of the dispute resolution process while maintaining its integrity and giving offense to no one.

Establishing an acceptable nature of this Contract is a daunting task within the multi-cultured and multi-faithed international environment in which this Trust shall function.  However, certain examples from isolated and limited parts of the globe shall be provided herein in order to facilitate this definition. 

In June of 2002, a wide segment of the American people woke up to a certain reality: The U.S. Supreme Court ultimately decides whether or not God exists in reference to all federal matters. During those years in which the Court is led by conservative thinkers, God exists; when the Court leans more to the liberal side, God does not exist. In either case, some members of the public would take offense. (The specific case in question was Newdow vs U.S. et al., U.S. Court of Appeals for the Ninth Circuit, case No. 00-16423 -- decision made on June 26, 2002)

As millions of people around the world continue to be caught up in the fury of perpetual religious debate (especially concerning US federal matters), the Parties of this Contract simply desire to use their individual "religious freedoms", regardless of each Party's belief or non-belief, to define the nature of this Contract. Most importantly, it is understood by all Parties that US "federal matters" do not apply to "private contracts"  -- whether between US citizens or citizens of other nations or both.  The jurisdictional aim of this Contract is to, within the appropriate nature, provide an alternative dispute resolution procedure that has the ability to facilitate a method in which to substantially reduce the burden that is usually associated with the traditional purely secular court system: extreme complexity, time consumption, costs and aggressiveness.

The inclusion of all faiths in this Contract eliminates the need to specifically define each one. This Contract is based upon the "Spirit of Love", as each Party, independently of the others, defines it. Therefore, this Contract is considered by the Parties to form a spiritually based inter-faith alliance including those of all faiths and those who profess no faith. Participation in this alliance enhances rather than compromises one's faith or belief.

The Parties hold the strong belief that their methods, customs and religious practices are antecedent (existing prior) to any constitution. Based upon this status, along with the constitutional protections of freedom of religion, the Parties reserve the right to establish their contracts as well as the nature of their contracts. This alliance seeks to establish common principles among all Parties, such principles being in harmony with and complementary to the existing state-sponsored courts. These procedures strictly apply to contract-related disputes only, and do not apply to disputes that the state reserves the right to settle. A Party's failure to comply with the terms of this Contract does not negate the authority of the Contract and/or the implicit jurisdiction it creates. Such a failure will simply result in the matter reverting to the purely secular court system for a determination of remedy, damages, and enforcement.

While focusing on the US example, an exhaustive study of U.S. Supreme Court edict clearly reflects the court's desire to respectfully recognize decisions made within the spiritual jurisdictional realm. In order for the purely secular-based court to officially recognize a decision made by a spiritual-based court, there appear to be five major points of consideration:

1. Do the contracting Parties have sincere convictions regarding their spiritual training and beliefs?

2. Is the spiritual entity, or entities, specifically defined as to what constitutes it/them and its/their members?

Page ten of fourteen pages of United Peoplesí Trust Contract dated _______________

3. Are the tenets or doctrines of the spiritual body clearly and specifically defined?

4. Does the contract specifically explain that performance of one party to another does not exist directly; and the performance of all parties to the contract is indirect and channeled through the Spirit as an intermediary; and that the parties recognize that any breach of performance is a direct breach against the Spirit and not a direct breach against another party?

5. Are the various levels of spiritual courts clearly and specifically defined, with special recognition and acknowledgement of a separate and highest spiritual court whose decision is final?

Relevant U.S. Supreme Court and California decisions follow:

"Whenever the questions of discipline or of faith, or ecclesiastical rule, custom or law have been decided by the highest of these church judicatories to which the matter has been carried, the legal tribunals must accept such decisions as final, and as binding on them, in their application to the case before them." (Justice Miller, Watson v. Jones, U.S. Supreme Court, L.Ed 20, 676)

"The right to organize voluntary religious associations to assist in the expression and dissemination of any religious doctrine, and to create tribunals for the decision of controverted questions of faith within the association, and for the ecclesiastical government of all the individual members, congregations and officers within the general association, is unquestioned. All who unite themselves to such a body do so with an implied consent to this government and are bound to submit to it. But it would be a vain consent and should lead to the total subversion of such religious bodies, if any one aggrieved by one of their decisions should appeal to the secular courts and have them reversed. It is the essence of these religious unions, and of their right to establish tribunals for the decision of questions arising among themselves, that those decisions should be binding in all cases of ecclesiastical cognizance, subject only to such appeals as the organism itself provides for.

"Nor do we see that justice would be likely to be promoted by submitting those decisions to review in the ordinary judicial tribunals. Each of these bodies has a body of constitutional and ecclesiastical law of its own, to be found in their written organic laws, their books of discipline, in their collection of precedents, in their usage and customs, which as to each constitute a system of ecclesiastical law and religious faith that tasks the ablest minds to become familiar with. It is not to be supposed that the judges of the civil courts can be as competent in the ecclesiastical law and religious faith of all these bodies as the ablest men in each are in reference to their own. It would therefore be an appeal from the more learned tribunal in the law which should decide the case, to one which is less so." (Watson v. Jones Supra, page 676-677)

"The civil courts may not substitute their opinions for the determination of the authorized tribunals of the church, for if they undertook to review the decisions of the church tribunals in ecclesiastical matters they would deprive those bodies of their right to construe their own church laws, including doctrinal theology and the uses and customs of every religious denomination." (42 CalJur 2d, Section 28)

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Dispute Resolution Clause

1. This clause provides a substantive law "finding of facts" framework in the form of a series of spiritual courts culminating in a finding by the highest court in said framework. In order to be non-prejudicial to those of various faiths or non-faiths, this framework encompasses, and includes by reference, all faiths, their respective organizations, and all specific tenets or doctrines of said faiths -- both written and/or unwritten.

Page eleven of fourteen pages of United Peoplesí Trust Contract dated _______________

2. All Parties to this Contract voluntarily enter into it. Each Party herein has expressed sincere convictions regarding his or her spiritual training and beliefs as they apply to said Party's interpretation of the term "Spirit of Love." This the Parties do without secular legal representation prior to adjective court proceedings. Parties include their mailing addresses and phone numbers as part of the Contract herein. Any changes to any of said Parties' mailing addresses and/or phone numbers, must be made known to all other Parties, and witnessed, by means of certified mail, return receipt requested.

3. Concerning performance, the Parties believe as follows: the Spirit of Love is the intermediary between one Party and another to whom each Party is accountable; the Spirit of Love accepts the burden of receiving promises of performance from the Parties and making determinations concerning that performance; any reference to the word "breach" in this Contract implies a direct breach against the Spirit of Love and not a direct breach against another Party; the Spirit of Love authorizes the Court of Arbitration to receive the determination of performance from the Spirit of Love and hold the Parties accountable to that determined performance on behalf of the Spirit of Love; the Court of Arbitration is authorized to transfer all rights to awards from the Spirit of Love, to whom they are originally intended, to the prevailing Parties; a secular court, if called upon to hear and enforce a decision based upon this breach of performance, will understand that it is dealing with individuals and not the Spirit.

4. Within this Contract, the Party(s) initiating the written dispute will be referred to as the "Accuser(s)", and the responding Party(s) will be referred to as the "Accused(s)".

5. Any dispute that is to be settled under the terms of this Contract will proceed as follows: first, the Accuser will contact the Accused(s) in writing without witnesses and attempt to remedy the dispute. This action will be referred to as the "Court of the Parties". If the dispute has not been resolved within 30 days from this first initial communication, then the Accuser must contact the Accused(s) in writing with two or three witnesses and attempt to mediate the dispute. This will be referred to as the Court of Mediation. The process of Mediation will be mutually determined by the Parties involved. If the Accused fails to respond within 30 days to a written invitation to Mediation, or refuses to participate in the Mediation, the Accuser may proceed to the highest court, referred to as the "Court of Arbitration" in which the Accuser must bring the matter before an Arbitrator for remedy as per the guidelines established herein. The Parties agree that if any one of them fails to agree upon a voluntary settlement based upon the finding of facts by the Arbitrator, the determination of damages and their enforcement may be sought as defined in paragraph 20 herein.

6. The Accuser shall choose the Arbitrator in and around the County of the principle office of this Trust. All potential Arbitrators must be publicly recognized and experienced Arbitrators in good standing.

Said Arbitrator may not be a party to the action, an officer or employee of this Trust, or a member of the immediate or extended family of either party to the action. Said Arbitrator must accept the dispute resolution jurisdiction as described herein. Arbitration fees shall be paid directly to the selected Arbitrator as per the requirements of the chosen Arbitrator. The payment of this fee is to be divided equally among all Parties of the Dispute, and these fees must be paid at the time the Complaint and/or Response is submitted. A Party's failure to pay such fees shall result in that Party's exclusion from the Arbitration process. In such a case, the Arbitrator will determine the facts as presented by the paying Party(s).

7. Any action that proceeds to the Court of Arbitration must be initiated by a written "Notice of Dispute" -- a brief notice to the affected Parties that a dispute is being filed with the Arbitrator. The Notice of Dispute and/or "Change of Address and/or Phone Number Notice" must be witnessed and mailed by certified mail, return receipt requested, to the opposite Party(s) and to the selected Arbitrator. Each Party is responsible for monitoring their mail regardless of business trips, vacations, etc.; and if any Party expects not be present to receive his or her mail, the absent Party shall authorize an agent to sign for and receive certified mail from the other Party of this Contract. The selected Arbitrator and the Accused will considered notice complete upon the receipt of said Notice of Dispute.

8. The chosen Arbitrator must be identified by the Accuser within the "Notice of Dispute". The Arbitrator must sign a separate agreement with the Accuser in which he/she agrees to perform his/her duties under the dispute resolution jurisdiction as defined herein, and agrees to notify the Accused(s) by phone on the same day of his/her appointment.

Page twelve of fourteen pages of United Peoplesí Trust Contract dated _______________

9. Once the selected Arbitrator is satisfied that the first two requirements of this dispute resolution process have been met, the Accuser(s) will prepare a written complaint detailing the nature of the dispute, the Accuser(s) position as to the Accused(s) wrongful conduct, why the Contract was breached, and the damages incurred in connection with this breach. This complaint shall not exceed five (5) double-spaced typed pages plus any desired exhibits attached. Ė A copy of this Contract shall be one of the exhibits.

10. The complaint shall be delivered via fax or freight express mail to the Arbitrator and to the Accused(s) by the end of the third (3rd) business day from the date the "Notice of dispute" was received by the Accused. The Accuser(s) understands that damages must be proven by a preponderance of evidence and may not be merely speculative in nature.

11. Upon receipt of said complaint, Accused(s) will prepare a written response, which shall not exceed five (5) double-spaced typed pages plus any desired exhibits. The response shall be delivered via fax or freight express mail to the Arbitrator and to the Accuser(s) by the seventh (7th) day from the Accused's receipt of the complaint.

12. If there is more than one Accuser or Accused, their complaint/response may be filed either separately or collectively.

13. Between the seventh (7th) and (9th) business day from the Accused's receipt of the complaint, the Arbitrator will inform both Accuser(s) and Accused(s) which witnesses, if any, will be required to attend the Arbitration session. Said session will take place on the tenth (10th) business day following the Accused's receipt of the complaint. The Arbitrator will select the time and place at which all affected Parties will meet for said Arbitration session, which will be binding on all Parties. Final questions and statements will be heard at said session, and the determination of the Arbitrator will be made before the end of said session. Attendance by conference phone may be arranged if acceptable to all Parties.

14. Any changes in the requirements for written complaints, answers, decisions, etc., which are set forth in this Contract due to complexities, must have the written approval of all affected Parties.

15. All decisions made by the Arbitrator will be final and binding on all Parties. The Arbitrator must keep in mind that it is his/her duty only to determine the facts of the case and not assign or determine damages. However, the Arbitrator may suggest a monetary value within his/her findings, which the Parties could consider if they agree to negotiate a settlement, thereby avoiding a separate court action. If a voluntary settlement is not reached within 30 days of Arbitrator's decision, or conditions of said agreement fail to be met, the prevailing Party(s) may proceed to the adjective court for the determination of damage amount and its enforcement.

16. If payments or transfers of property are conditions of the voluntary settlement, the affected Party(s) who is obligated to pay or transfer property will do so voluntarily within the time frame set by the Parties. If Parties reach a voluntary settlement prior to the end of the Arbitration session, it shall be signed by all affected Parties, and it shall be binding on all Parties in the same manner as if the Arbitrator had made a decision. In such a case, the Arbitration session shall end immediately upon presentation of the signed agreement to the Arbitrator, and the Arbitrator shall issue a formal decision based upon said settlement.

17. Arbitrator is free to consider any evidence that is presented, including hearsay evidence, and give it whatever weight deemed appropriate. At his or her discretion, the Arbitrator may choose to consider hearsay evidence only if there is also live testimony during the Arbitration session.

18. All declarations, affidavits, testimony, and papers that are submitted to the Arbitrator shall be given by their author as the truth, the whole truth, and nothing but the truth. If this trust is found to be violated, the offender will be confronted as per the conditions of this Contract, and upon the second violation, may forfeit their rights reserved in this Contract.

Page thirteen of fourteen pages of United Peoplesí Trust Contract dated _______________

19. Each applicable Party shall receive a copy of the written decision given by the Arbitrator by the fifth (5th) business day following the Arbitration session. All Parties hereby indemnify and hold the Arbitrator harmless with respect to performing the duties of the Arbitrator for any dispute arising herein. However, the Arbitrator is completely responsible for his or her actions under the terms of this same Contract, as are all the Parties.

20. All decisions made under the terms of this Contract are final, but those decisions will determine only the facts of the case. The Parties still have the responsibility to reach an independent settlement based upon those found facts. If a Party does not accept the Arbitration award as final, or if a Party fails to participate in the Arbitration process set forth herein, that Party is to be considered a defaulting Party and therefore liable for all damages claimed by the Accuser(s). The Accuser(s) may then take the findings of this substantive law "fact finding" court to an adjective law court of the appropriate jurisdiction in the County of the principle office of this Trust to determine and enforce equitable damages. If a decision should be brought before a secular court for a state determination of remedy, damages, and enforcement, it will be accomplished by the use of a Motion for Summary Judgment in which the court accepts the finding of facts as stated in the prior decision, determines the dollar amount of monetary damages, and enforces its decision if necessary.

21. If the Arbitrator makes a decision in favor of the Accused, the Arbitrator must also issue a statement as to whether he/she believes that the filing of the Complaint was frivolous. If the Accuser(s) is found to have filed a frivolous Complaint under the terms of this Contract once before, upon the second Arbitrator's finding of a frivolous complaint, the affected Party shall forfeit all rights under this Contract.

22. If any part or parts of this Dispute Resolution Clause are found to be contrary to appropriate secular law, the remaining parts will remain in force.

END

Page fourteen of fourteen pages of Contract of United Peoplesí Trust Contract dated _______________

 

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C. Francis Baldwin
chasbaldwin@surewest.net
Updated Wednesday, May 26, 2004