The Secret of Debt in the United States

Telling tidbit from the UCC.

Are you a debtor in the United States? Look at “(h)”:

 

“§ 25-9-307.  Location of debtor.

(a)        “Place of business.” – In this section, “place of business” means a place where a debtor conducts its affairs.

(b)        Debtor’s location: general rules. – Except as otherwise provided in this section, the following rules determine a debtor’s location:

(1)        A debtor who is an individual is located at the individual’s principal residence.

(2)        A debtor that is an organization and has only one place of business is located at its place of business.

(3)        A debtor that is an organization and has more than one place of business is located at its chief executive office.

(c)        Limitation of applicability of subsection (b). – Subsection (b) of this section applies only if a debtor’s residence, place of business, or chief executive office, as applicable, is located in a jurisdiction whose law generally requires information concerning the existence of a nonpossessory security interest to be made generally available in a filing, recording, or registration system as a condition or result of the security interest’s obtaining priority over the rights of a lien creditor with respect to the collateral. If subsection (b) of this section does not apply, the debtor is located in the District of Columbia.

(d)       Continuation of location: cessation of existence, etc. – A person that ceases to exist, have a residence, or have a place of business continues to be located in the jurisdiction specified by subsections (b) and (c) of this section.

(e)        Location of registered organization organized under state law. – A registered organization that is organized under the law of a state is located in that state.

(f)        Location of registered organization organized under federal law; bank branches and agencies. – Except as otherwise provided in subsection (i) of this section, a registered organization that is organized under the law of the United States and a branch or agency of a bank that is not organized under the law of the United States or a state are located:

(1)        In the state that the law of the United States designates, if the law designates a state of location;

(2)        In the state that the registered organization, branch, or agency designates, if the law of the United States authorizes the registered organization, branch, or agency to designate its state of location, including by designating its main office, home office, or other comparable office; or

(3)        In the District of Columbia, if neither subdivision (1) nor subdivision (2) of this subsection applies.

(g)        Continuation of location: change in status of registered organization. – A registered organization continues to be located in the jurisdiction specified by subsection (e) or (f) of this section notwithstanding:

(1)        The suspension, revocation, forfeiture, or lapse of the registered organization’s status as such in its jurisdiction of organization; or

(2)        The dissolution, winding up, or cancellation of the existence of the registered organization.

(h)        Location of United States. – The United States is located in the District of Columbia.

(i)         Location of foreign bank branch or agency if licensed in only one state. – A branch or agency of a bank that is not organized under the law of the United States or a state is located in the state in which the branch or agency is licensed, if all branches and agencies of the bank are licensed in only one state.

(j)         Location of foreign air carrier. – A foreign air carrier under the Federal Aviation Act of 1958, as amended, is located at the designated office of the agent upon which service of process may be made on behalf of the carrier.

(k)        Section applies only to this Part. – This section applies only for purposes of this Part.  (2000-169, s. 1; 2012-70, s. 3.)”

 

It’s nice when they come out and say it.

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Are Corporations People?

I just became aware of this book “Corporations Are Not People: Why They Have More Rights Than You Do and What You Can Do About It” credited to Bill Clements.

Corporations are not people, and there is no law that says they are, anywhere in the books.

Mitt Romney has said they are in a famous video clip, but his word is not law (thank the gods!).

Laws define the term “person”, and a corporation can be a U.S. Person or a U.S. Citizen.

The implication of this is clear: when you affirm that you are a “U.S. Person” or a “U.S. Citizen”, you are volunteering into the lowered status of a fictional entity that exists solely on paper, and your rights are equal to or less than that of a corporation.

This book addresses the question of whether corporations are people; to wrap one’s head around the issue, we first must be clear that “people” and “persons” are not the same thing. “People” is NOT the plural of “persons”, no matter what you and I learned in public school.

Read for yourself– Title 26 of the U.S. Code (The Internal Revenue Code) never defines the word “People”. Nor does Title 8 (Immigration and Nationality).

Black’s Law 5th Edition says:

“Person. In general usage, a human being (i.e. natural person), though by statute term may include a firm, labor organizations, partnerships, associations, cor­porations, legal representatives, trustees, trustees in bankruptcy, or receivers. National Labor Relations Act, § 2(1).

(This bit is tricky… by statute it doesn’t include natural person or human being– Ed.)

Bankruptcy Act.    “Person” includes individual, part­ nership, and corporation, but not governmental unit. Sec. 101(30).
Corporation. A corporation is a “person” within meaning of equal protection and due process provi­sions of United States Constitution.    Allen v. Pavach, Ind., 335 N.E.2d 219, 221; Borreca v. Fasi, D.C.Ha­ waii, 369 F.Supp. 906, 91 1. The term “persons” in statute relating to conspiracy to commit offense against United States, or to defraud United States, or any agency, includes corporation. Alamo Fence Co. of    Houston    v.    U.    S.,    C.A.Tex.,    240    F.2d    179,    1 8 1 .
Foreign government. Foreign governments other­ wise eligible to sue in U.S. courts are “persons” entitled to bring treble-damage suit for alleged anti­ trust violations under Clayton Act, Section 4.    Pfizer, Inc. v. Government of India, C.A.Minn., 550 F.2d 396.
Illegitimate child.    Illegitimate children are “persons” within meaning of the Equal Protection Clause of the Fourteenth Amendment, Levy v. Louisiana, 391 U.S. 68, 88 S.Ct. 1509, 1511, 20 L.Ed.2d 436; and scope of wrongful death statute, Jordan v. Delta Drilling Co., Wyo., 541 P.2d 39, 48.
Interested person.    Includes heirs, devisees, children, spouses, creditors, beneficiaries and any others hav­ ing a property right in or claim against a trust estate or the estate of a decedent, ward or protected person which may be affected by the proceeding. It also includes persons having priority for appointment as personal representative, and other fiduciaries repre­senting interested persons.    The meaning as it relates to particular persons may vary from time to time and must be determined according to the particular pur­ poses of, and matter involved in, any proceeding. Uniform Probate Code, § 1-201(20).
Municipalities.    Municipalities and other government units are “persons” within meaning of 42 U.S.C.A. § 1983. Local government officials sued in their official capacities are “persons” for purposes of Sec­ tion 1983 in those cases in which a local govern­ment would be suable in its own name.    Monell v. N. Y. City Department of Social Services, 436 U.S. 658, 98 S.Ct. 2018, 56 L.Ed.2d 611. See Color of law.
Protected person.    One for whom a conservator has been appointed or other protective order has been made.    Uniform Probate Code, § 5-101(3).
1029
PERSONAUTER
Resident alien. A resident alien is a ‘person” within the meaning of the due process and equal protection clauses of the Fourteenth Amendment. C. D. R. Enterprises, Ltd. v. Board of Ed. of City of New York, D.C.N.Y., 412 F.Supp. 1164, 1168.
Unborn child. Word “person” as used in the Four­teenth Amendment does not include the unborn.    Roe v. Wade, 410 U.S. 113, 93 S.Ct. 705, 729, 35 L.Ed.2d 147.    A fetus is not a “person” and is not entitled to protection under the equal protection clause.    Mur­row v. Clifford, C.A.N.J., 502 F.2d 1066, 1068.
A viable unborn child, which would have been born alive but for the negligence of defendant, is a “per­son” within meaning of Wrongful Death Statute. Simmons v. Howard University, D.C.D.C., 323 F.Supp. 529.    Unborn child is a “person” for purpose of remedies given for personal injuries, and child may sue    after    his    birth.    Weaks    v.    Mounter,    88    Nev.    1 1 8, 493 P.2d 1307, 1309.”

(Emphasis mine.)

The term “Person” is completely malleable, and its meaning depends entirely upon context (forum) and the definition relevant to the reading.

Black’s on “People”:

“People. A state; as the people of the state of New York.    A nation in its collective and political capaci­ty. The aggregate or mass of the individuals who constitute the state.    Loi Hoa v. Nagle, C.C.A.Cal., 13 F.2d    80,    8 1 .    In    a    more    restricted    sense,    and    a s generally used in constitutional law, the entire body of those citizens of a state or nation who are invested with political power for political purposes.    See also Citizen; Person.”

So, the people ARE the state. The see also part may be there as contradistinction (indication what people are not), or because the terms are often used interchangeably, albeit incorrectly. A citizen is a subject of the state, rather than its consituent.

This is not a review, but pointing out a common, detrimental misunderstanding. Let’s get the argument right rather than waste our time. This books looks worthwhile overall; it has a blurb by the Ben & Jerry guys and a foreword by Bill Moyers.

http://www.amazon.com/Corporations-Are-Not-People-Rights/dp/1609941055