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."
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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.
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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
all rights reserved
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