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Common-law Trusts
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Common-law Trust

The Common-law Trust

Do you want to create anonymity or restore privacy, security and simplicity for yourself and all your affairs; to protect your assets, land and real estate; to avoid your estate being subject to probate?

Do you conduct your affairs using the gold in silver coins struck in a United States mint?

Do you use alternative currencies such as Bitcoin or other cryptocurrencies?

Or,

Are you starting or expanding a business and thinking about incorporating or operating as a limited liability company (LLC), partnership or other legal entity?

Or,

Do you just want more flexibility or simplicity than any legal entity offers and prefer to conduct your private affairs as a matter of exercising your fundamental, unalienable, constitutionally secured rights rather than by constantly amended benefits, privileges and immunities granted (and totally controlled) by a state or the federal government?

Are you aware of the lawful alternatives to statutorily created legal entities?

The Number One Alternative to any legal entity is the Common-law Trust.

Simply stated, a Common-law Trust is a contractual organization of people that takes control of assets, income, land, money and property (asset). When a trust acquires any asset it is held by the trustee(s) “in trust” for the benefit of the beneficiaries and becomes the property (corpus) of the trust.

The Common-law Trust offers:

Anonymity

People that use gold or silver coin or cryptocurrencies to conduct their financial affairs usually do so for privacy, safety and security. The common-law trust is ideal for such transactions.

Privacy

A trust provides you with a tremendous degree of privacy because the trust is created by a private contract, exists in the private realm and is privately administered. It is not required to apply to any government or agency for authority or permission to exist or function. The trust contract does not generally need to be approved by or filed with any governmental agency; it is not a public document. No government agency has any authority or power to require the disclosure of the name of the man or woman who created the trust, the trustee’s names or the names of the beneficiaries. If anonymity is important to you, the common-law trust is ideal.

Safety

The common-law trust provides safety in all its transactions as only the trustee or manager is authorized to conduct financial transactions on behalf of the trust.

Security

Laws on trusts provide more security for trusts than laws for people provide for people!

Asset Protection

No creditor claims (except a valid claim such as a prior existing mortgage or loan against the asset itself), liens, levies or judgments against you, in your name, can now reach those assets because they are no longer yours, in your name or under your control. Trust ownership protects trust assets from seizure for your acts or omissions.

The thing to remember here is that the assets or properties transferred into the trust must be done in good faith and with clean hands. Fraudulent transfers can be set aside. That means there cannot be any reasonably anticipated, contemplated or current legal claim against any of the assets or property transferred.

Think of the trust as car insurance. You cannot obtain car insurance after the car has been in an accident. The car insurance must be in force while the car in in good shape, before it gets damaged.

Avoidance of Probate

A trust never dies so the event (death) that triggers Estate Taxes does not apply to assets and property held in trust. Estate taxes are deferred until the trust is concluded or lawfully terminated and all trust assets and property are distributed to the beneficiaries. Should there be any income or estate taxes due at that time, they would fall upon the beneficiaries.

Flexibility and Simplicity

A common-law trust is easy to create, fund and administer. Record keeping is private, simple and easily learned. A trust can own assets, property or run most businesses in any location in The United States of America and in any other place that English common-law is recognized; which is in most countries of the civilized world.

Running a Business

A trust can run almost any type of business (except a Bank or Brokerage firm in Florida).

The trust can acquire and own assets and property, even the unencumbered assets of a corporation or any other legal entity.

A trust will usually get a Taxpayer Identification Number from the IRS in order to open bank, brokerage and other accounts (such as at PayPal) to accept credit cards, for extensions of credit etc. and can open and operate any other accounts that are available to any “legal entity.”

The above is a very brief synopsis of the major benefits offered by a common-law trust.

Laws on Trusts

A Common-law Trust is also known by the names Constitutional Trust, Common-law Declaration of Trust, Pure Trust, Massachusetts Trust, and Massachusetts Business Trust, among others and is a part of the Laws of The United States of America for well over 100 years. 

There are entire encyclopedias on the subject of trusts. Bogert Trusts and Trustees, copyright 1980-2016 West Thompson; and Scott on Trusts, originally published in 1939, now published by Aspen Publishers.

There are countless articles, books and an immense amount of information available on trusts.

Judges recognize and at times construe a trust into existence in order to administer justice.

Judges generally understand the need for and the power and multiple uses of trusts.

The advantages of a Common-law Trust created and administered in Florida are substantial.

One, a Common-law Trust is found in the LAWS OF FLORIDA and must be respected by all agents, employees, officers, officials, judges, administrative agencies and courts of or conducting business in Florida.

FLORIDA STATUTES, CHAPTER 609, COMMON-LAW DECLARATIONS OF TRUST, comprises a total of 21/4 pages and therein recognizes the authority of people (whether residents of Florida or not) to associate together and organize under what is commonly designated or known as a “declaration of trust” (a contract in trust form) for owning property or conducting business. This is generally referred to simply as a “Common-law Trust.” This is a codification of; s 1, ch. 9125, 1923; and s 1, ch. 11995, 1927; CGL 7091 (LAWS OF FLORIDA), enacted into law over 90 years ago.

Volume III, No. 8, May, 1928, of the Indiana Law Journal, published by the Indiana University School of Law, is an article written by Robert C. Brown, titled Common-law Trust as Business Enterprises, which can be viewed in its entirety at http://www.repository.law.indiana.edu/ilj/vol3/iss8/1/ and within which is found:

“A generation ago [previous to 1928] the ‘trust problem’ was under very active discussion in this country both by the legal profession and by the general public…

Meanwhile, the courts, with or without the aid of statutes, apply themselves with great vigor in doing away with such trusts.” page 595.

The question that must be asked is … Why? The answers are found some 29 pages later, on page 624, as the article concludes with:

“It must be clearly evident from this discussion that the Massachusetts trust has been the subject of widely varying judicial and other authoritative opinion. Some have held it to be the ultimate supplanter of the corporation.125 others as a dangerous interloper into the business world, which should be promptly and completely suppressed by law. 126 Neither of these results have come to pass and it seems probable that neither will. Corporations continue to flourish and so will trusts.”

Clearly, the legal profession in the United States has animosity against the Common-law Trust. Why? Because it is a product of "the people" that is not subject to the control by the states' or federal governments. No attorney is necessary to draft a Common-law Trust or to administrate it.

Two, the Common-law Trust is specifically recognized in the Laws of Florida and many of the other 49 states and is recognized in all 50 states under the “full faith and credit” clause of the federal Constitution that in Article 4, section 1, states in pertinent part that:

“Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State.”

The formation and administration of a Common-law Trust is an Act and a Record in the state in which it was created.

Three, a Common-law Trust is non-statutory. That means the Common-law Trust does not depend on any statute of any state or the federal government for its creation or existence. It is created and exists by the will of people, in its own private domain or realm, and conducts its affairs in private (its books and records are not open to public inspection). It seeks neither corporate privileges and immunities nor the privileges and immunities of any other statutory business entity created by a state or the federal government.

Four, a Trust can be moved from place to place anytime, without any permission from anyone.

Five, a Trust exists in the private domain or realm; conducts its affairs in private and neither seeks, accepts, receives, nor exercises any corporate franchises or privileges or any franchises or privileges belonging exclusively to any other statutory entity created by any state or the federal government.

Six, trusts are recognized world-wide. The UNIFORM TRUST CODE has been passed in 25 of the 50 states and some form of a Trust Code has been incorporated in all states’ laws. It is easy to determine what a Trust or the trustees may or may not do with the assets and property comprising trust corpus.

Seven, all authority exercised in The United States of America, by any person working for any state or the United States has not received any lawful authority or power from any source other than "the people" who drafted the state and federal constitutions and delegated to the state and federal governments jurisdiction that they are delegated to exercise. All government workers are "public servants." Public servants are not authorized to make any demands all restrictions on their employers, We the People, exercising their rights.

FLORIDA STATUTES, CHAPTER 609 is available on line at: http://www.flsenate.gov/Laws/Statutes/2012/Chapter609/All

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The Laws of Florida on corporations are codified in FLORIDA STATUTES, CHAPTER 607, the Florida Business Corporation Act.

The 2011 Florida corporation laws begin on page 680 and end on page 750; a total of 70 pages of regulations that need to be adhered to in order to maintain the corporate charter in good standing and protect the corporate shield of limited liability. In 1995 the Florida corporation statutes began Volume 4 on page 1 and ended on page 60. In the intervening 16 years 10 pages of additional or amended regulations have been added to the administration of a Corporation. Every existing Corporation is also liable for the additional and amended regulations.

The regulatory impact is significant, costly and time consuming.

A corporation is a creature of the state. It is subject to the laws of the state, as amended. This fundamental principle was articulated over 109 years ago in Hale v. Henkel, 201 U.S. 43, 74-76 (1906), where the Supreme Court stated that governments do not have the same authority over people acting privately exercising their rights as they do over a corporation (a public entity):

“... we are of the opinion that there is a clear distinction in this particular between an individual and a corporation, and that the latter has no right to refuse to submit its books and papers for examination at the suit of the state. 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 investigation, so far as it may tend to criminate him. He owes no such 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 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. Among his rights are a refusal to incriminate himself, and the immunity of himself and his property from arrest or seizure except under a warrant of the law. He owes nothing to the public so long as he does not trespass upon their rights.

Upon the other hand, the corporation is a creature of the state. It is presumed to be created for the benefit of the public. It receives certain special privileges and franchises, and holds them subject to the laws of the state and the limitations of its charter. Its powers are limited by law. It can make no contract not authorized by its charter. Its rights to act as a corporation are only preserve to it so long as it obeys the laws of its creation. There is a reserved right in the legislature to investigate its contracts and find out whether it has exceeded its powers. It would be a strange anomaly to hold that a state, having chartered a corporation to make use of certain franchises, could not, in the exercise of its sovereignty, inquire how those franchises have been employed, and whether they had been abused, and demand the production of the corporate books and papers for that purpose.” (Emphasis supplied.)

The corporation laws of Florida are available by Clicking here or going to http://law.onecle.com/florida/business-organizations/607.0101.html.

The choice is yours.

You can choose to protect your anonymity and privacy, assets, property, and estate; create a private business, or reorganize an existing business as a Common-law Trust, recognized in law and enjoy constitutionally secured flexibility, privacy, asset protection and avoidance of probate for your estate and business.

Or,

Comply with 70 pages of corporate regulations, as annually amended, which include, at the minimum, filing an annual report(s); paying a $150.00 annual report fee (or a late fee of $400 if you miss the annual filing deadline); filing a form F-1120, Florida Corporate Income/Franchise and Emergency Excise Tax Return and paying a 5.5% tax on the corporate taxable income; maintain a resident agent for service of process; give up your privacy (the corporate books and records are open to the State of Florida or any other state you operate a corporate office in) and give up the flexibility of a Common-law Trust.

Which would you rather be subject to?

The following images are of the FLORIDA STATUTES, 2011 Edition:













A complementary consultation is provided to discuss your personal goals in considering membership in the PMA and the creation of a Common-Law Trust.

All education and assistance needed to create a Common-Law Trust starts at $5,900.

To join ACT Now PMA or purchase a Common-Law Trust please contact:

John Ellis
914 Waterway Village Court, Greenacres, Florida
Call or Text: 443-617-4103
E-mail johnpellissr@me.com

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