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A 3 Step Process
Relationship of Security Agreement to the UCC and Public Notice

Les Raketti 12/16/2007

What this Site Offers THE 3 STEP PROCESS

The Security Agreement - The 'Key' Document

As I understand it, the security agreement is the key document in this 3 Step process of claiming back the use of your name. It is a contract that allows you to separate yourself from your legal name ( read corporate entity). The legal name is written in full caps as in "JOHN HENRY JONES" formally to distinguish it from your family and given names which formally is written by many in this form "John-Henry: Jones" to make the opposite distinction.

3 Steps to Claiming Back the Use of Your Name

Step 1- Creating the Security Agreement

In creating the security agreement an agreement between the legal entity and yourself the living entity you are in the process making the distinction between yourself and it. The agreement formalizes that distinction and gives you a mandate to operate within as its executive so the details of this mandate are extremely important. Details always over rule generalities. It is not in your best interest to accept the generalities or presumptions the State makes in regard to your relationship as a living entity to your legal entity of the same name.

You Represent Both Parties

Since the legal entity cannot operate without you being a legal fiction of mind its needs a living entity to act as its signing authority and to perform activities on its behalf. This creates the unique situation where you can on one hand represent yourself as the human being on one side of an agreement and on the other hand act as the agent for the legal entity on the other side of the agreement.

Both Parties Benefit from the Agreement

In the agreement since everything the legal entity owns has been created by your efforts, on one hand the agreement verifies that you have a claim against it and deserve to be compensated and indemnified that is protected from any action against it. On the other hand, the agreement gives you the right to operate or use the legal name in commerce that is for the exchange of goods and services. This recognizes that the legal name is simply a transmitting utility used to establish bank accounts and make commercial transactions that is trade for goods and services.

Since it was the State who created the legal entity to represent or track your activity they own it and are its beneficiaries. This would explain in part why when issuing a passport and or drivers license to the legal entity it remains the property of the State. On the British Columbia drivers license are the words "This card remains the property of the listing agency and must be surrendered upon request".

It is important to recognize that aspect of ownership because you may not own the card or permit with your name on it but you may claim back the application you made for it. Just as they created the card you created the application so the law of creator operates in both cases.

Step 2- Claiming what is rightfully yours the UCC connection

Now since with the security agreement you have clarified the distinction between yourself as its agent and the STATE as its beneficiary you are now in the position to make a claim against it on the strength of the terms in your security agreement. Without such a contract your claim would not have anything to base it on and give it validity.

By filing an UCC1 (PPSA in Canada) statement referencing the security agreement you "John-Henry: Jones" are filing a lien against the legal entity JOHN HENRY JONES. In essence you are suing the STATE by claiming everything you created under its name. Now it owes you rather than it owning you. An important distinction in legal land, wouldn't you agree?

Step 3- The Copyright-Name Notice - Giving Public Notice

The copyright-name notice is really a misnomer as it is not a copyright technically but a rather a public claim to right of use.

The analogy "Good fences make Good Neighbors" is useful here. The copyright notice is like a fence clarifying what you perceive to be yours by making a clear statement. Without that notice no one would be aware that they are transgressing on your territory. Thus by giving public notice you are giving the others, including the STATE the opportunity to challenge your claim. If they fail to respond in their own interest your claim has passed the test of time.

Now if the statement like the position of the fence passes the test of time and is not challenged then you have established your territory.

As in baseball generally speaking a public notice follows the 3 strike rule. This is why it is suggested you post your public at least 3 times 4 to be sure in a public venue to establish your claim. Others having been properly noticed and failing to contest the terms of the copyright-notice forfeit any future claims they may have.

In using the notice the three strike rule of convention operates as well, the first transgression may be deemed accidental, the second transgression - disrespectful and the third transgression - with ill intent and deserving of all punitive damages as described in the terms of the copy-right notice.

It is your responsibility in using the notice to ensure all transgressions are properly noticed and the transgressors are properly warned of the results of their actions following the 3 strike rule.

Ownership of Your Legal Name by the Law of the Creator

Since you didn't create the legal name it by the law of the creator is owned by the STATE. This is because they created it to track or record your activity for accounting purposes among other things. Now since the legal name does not exist in the natural world and is a creation of mind, it is a legal or corporate fiction that only exists in the legal world. And like all corporations it is composed of two parts the executive branch and the beneficiary branch. The legal entity or corporation attached to your name is no different in its structure and falls into one of two categories. This is important to know as we will see later.

 

Book 1, Commentaries on the Laws of England, by Blackstone quotes from Chapter 1, The Rights of Persons, at page 119 - Notice the Distinction in Law, here and in the box below


"Persons also are divided by the law into either natural persons, or artificial."

"Natural persons are such as God of nature formed us; Artificial are such as are created and devised by human laws for the purposes of society and government, which are called corporations or bodies politic."

 

Canadian Law Dictionary, 4th Edition John A. Yogis, Q. C. Associate Dean and Professor of Law, Dalhousie University, Halifax, Nova Scotia

Natural Person:
“A natural person is a human being that has the capacity for right or duties.”

Artificial Person:
"A legal entity, not a human being, recognized as a person in law to whom legal rights and duties may attach.


Without a Security Agreement - Subject to Corporate Bylaws

Without the security agreement there is nothing to document that you are inseparable from your legal entity, and so the legal presumption is that you belong to or are subject to all the bylaws of the entity that owns and that govern the legal entity - the STATE. The STATE effectively owns you because they created the legal entity. And because you are inseparable from the legal entity you effectively have no rights as a human being!

Since those laws are really private corporate bylaws reinforced by the STATE policy enforcers (police) and the STATES courts you as a human being "John-Henry: Jones" that is John Henry of the Jones family have no legal standing in their courts - they cannot recognize nor see you.

Now you may tell me that you have no contract that binds you to the Legal entity. Then let me ask you - Have you ever got a driver's license, a passport, a social insurance number, a bank account? However even if you have none of these - if you admit or attest or answer to JOHN HENRY JONES you have created that joiner and are under the STATE's corporate jurisdiction. Remember the presumption always is that you are the legal entity unless you have differentiated yourself from it.

What I am bringing to awareness here is that the legal world that we live in is only a creation of mind. It exists separately, from the real or natural world, only by our agreement to recognize something fictional as something real. It is analogous to playing the real estate game of "Monopoly" as if it is real. All the property values and cash are fictional but by the way we play the game it appears very real once we get our emotions into it and behave as if it is.

The Natural Order – 1st) the 'Supreme Creator', 2nd) 'Us' the human being and 3rd) 'What We Create'

It by the law of the creator is understood that the government or the State a third order entity was created by human beings a second order entity under the creator, then it should be clear that in the natural order of things you can never be bound to the rules and regulations of a third order entity unless you agree to it or bind yourself by oath or simply be neglecting to stand up for who you are by your actions or non-actions.

By creating a security agreement you are restoring the natural order of things by negating all perceived or assumed contracts with the STATE and restoring your position as a living entity back to the natural order under the creator. You do this by separating yourself ( the living entity ) from the non-living entity ( the legal fiction which only lives in the minds of men ).

Is Your Legal Name a Corporation Sole or an Aggregate Corporation? There is a significant difference.

As JOHN HENRY JONES the legal entity you are acting for the legal entity technically as a corporation sole where there is no distinction between the executive and beneficiary aspects of a corporation. Because there is no distinction, you the human being become its surety that is you are responsible for its liabilities. On one hand you carry all its responsibilities but on the other hand you legally own none of its assets though you may have the use of them.

This is because you as a human being did not create your legal name are since you are not its creator, everything you create under its name benefits the State since it created the legal name as an account to track your activities.

If you separate the activities done on its behalf from the ownership component then then JOHN HENRY JONES would no longer exist as a corporation sole and would be an aggregate corporation and you the human being with the same sounding name would no longer be its surety or backer and would simply act as it executor or agent without its associated liability.

In an aggregate corporation the executive is removed from all liabilities since they are not the beneficiaries. In a typical corporate situation the executive would be the president and its board of directors and the beneficiaries would be the shareholders. Should the company be sued the liability always flows to ownership those that benefit from the companies actions. The executive would be exempt from any liability or legal action as long as they are performing within the restrictions of their authority. Should the president or any company officer act outside of terms of office they would be exposed to all resultant liability.

Should you as the human being separate yourself from you legal entity then you would be acting purely in an executive capacity as its agent. All liability would then flows to the beneficiary or the owner of the legal entity which is in this case is the STATE.

 

Leslie: Raketti December 16, 2007 Revised April, 2011
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