Monday, April 15, 2013

How To Use Common Law To Manage Your Affairs

How To Use Common Law To Manage Your Affairs
How To Use Common Law To Manage Your Affairs

“The general method to be pursued in the analysis of contract is the same as possession. Wherever the law gives special rights to one, or imposes special burdens on another, it does so on the ground that certain special facts are true of those individuals. In all such cases, therefore, there is a twofold task. First, to determine what are the facts to which the special consequences are attached; second, to ascertain the consequences. The first is the main field of legal argument. With regard to contracts the facts are not always the same. They may be that a certain person has signed, sealed, and delivered a writing of a certain purport. They may be that he has made an oral promise, and that the promisee has furnished him a consideration.”
Oliver W. Holmes

The world is changing and the evidence is everywhere. It follows that being astute in managing your own affairs cannot be left to the minds and/or hands of another.  One source of inspiration to enrich my life is listening to the words of very accomplished people.  Donald Trump’s book showed me that rich people own nothing and control everything. In Warren Buffets book he takes great lengths to expound his hours and hours of research that went into his work before taking any action. Most profoundly, Steve Jobs left me with his sagely advice, “Stay hungry, stay foolish.”

I have put a great deal of thought and time  into the best techniques to manage my affairs - now and on into the future when I have departed. I have looked at many legal solutions of a family trust, Limited Liability Corporation (LLC), a corporation, and generation skipping trust, to name a few.

One solution that seems most suitable to me is a contract in the form of a business trust (link), which is similar to an express trust (link) and a spendthrift trust (link). These solutions are have their origins in common law. Very briefly, let me explain the difference between a legal solution (legal or law) and a common law (lawful) solution.  This subject deserves a lengthy explanation at some point but this is not the place. The legal world we live in was created long ago. It is based in corporate law that is established under the Washington DC cooperation: United States of America (USA) (link).  Laws are legal statues created, published, managed, and enforced via agents of sub corporations of USA. For examples, cites, police departments, water districts, and so forth. 

Common law, lawfulness, differs from the legal world in that it is based on contracts. Suffice it to say here that a contract can take many forms, but the key ingredients is that the parties in the contract recognize their roles and responsibilities. One decent resource for learning more about contracts is George Mercier’s book Invisible Contracts (link). To learn more about trusts you have gotta read Handbook of the Law of Trusts (link).

Every lawful contract must have these elements: Agreement (offer and acceptance) consideration, purpose, authentic assent, and be bi-lateral (two parties). A business trust is based on the Constitution  of the United States; Article l, Sec. 10, Para. 1. It is not a partnership or corporation or statutory trust, but a separate legal entity having its own common law identity. The document and all company business shall be kept private, protected by the Privacy Act of 1974, 5 USC 552(a), the Fourth and Fifth Amendments to the Constitution of the United States, and the common law privacy rights available in the United States of America and every other applicable jurisdiction.

How To Run A Business Trust

A business trust is irrevocable, has Trustees that manage it, and it’s distributed to the holders of Trust Certificate Units (TCU’s). Yes, this organization, once put into being, is only dissolved or terminated when its’ assets are distributed to TCU holders by trustees. I like it because the trustees cannot be TCU holders and the Trustees have full power to manage all the of the organization affairs, or they can appoint a Managing Director to run the day to day affairs and then receive reporting at regular Trustee meetings.

TCUs may be surrendered to or transferred back to the organization subject to the approval of the Board of Trustees, but may not otherwise be pledged, assigned, hypothecated or transferred by a TCU holder without the consent of a majority in interest of all other current TCU holders. TCUs are be immune from seizure by any creditor of the TCU owner.

Purpose of Business Trust

This trust is a contract with provisions intended to create a common law contractual company, (also known as an Unincorporated Business Organization) for receiving, conveying or holding property in fee simple, and for providing prudent management of such property, and for conducting any legitimate business through appointed Trustees for the benefit of certificate holders. The Trustees shall hold both legal and equitable title to the trust estate, and shall act solely within their powers as provided herein and within their common law rights and immunities. The administration of this organization shall be amenable to judicial regulation and under the protection of the court. If any provision herein is unenforceable, the remaining provisions shall nevertheless be carried into effect. Nothing herein contained shall be construed as an intent to evade or contravene any law, nor to delegate to the Trustees any special power belonging exclusively to a statutory company, franchise or incorporation.

In my opinion, 1) where most legal solutions provide little separation between the trust and the grantor, the business trust provides complete separation; and 2) a common law organization allows for a living solution as trustees have full power to manage all aspects of the organization, conversely legal solutions provide a meaningful solution only at death of grantor(s) to distribute the property. Lastly, without a doubt, there is more responsibility in establishing a trust vehicle and managing it as a Trustee then letting someone do it all for you. I have found this type of effort is very rewarding, yet is also requires my willingness to accept ongoing education both mentally and spiritually.

I hope you have found this material meaningful and that it assists you in understanding a wider variety of options to successfully manage your home and business affairs.

Blessings, Steu

NOTE: This article in intended to be educational. Establishing a business trust is not a solution for everyone. This article does not attempt to explain all the details of establishing and managing a business trust. Readers should consult a qualified and professional legal representative to resolve their legal issues.

Steu Mann is not an attorney or qualified legal representative. He uses and practices common law in his life style to bring harmony into his community and the planet.

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