Corporations:
What is a Corporation?
A Corporation is an Assembly of People, or Society, or Body Politic, or Body Corporate, or Company of Merchants united under a Trust Instrument of common purpose. What can be a corporation is potentially a much wider and more varied set of entities, beyond simply merchant companies and non-profit charities.
How is a Corporation Proposed & Formed?
The first step, is an instrument that proposes the formation of a corporation in the first instance. It is, for want of a better description, the trust instrument that forms the underlying trust holding the primary rights of the corporation in trust.
Unlike a normal trust or estate, once the underlying trust of a corporation is formed based on such rights, it cannot dispose of, or gift or convey such rights, without the fundamental nature of the corporation changing or ceasing to exist.
A Corporation is then proposed either by Charter (top down) or Memorandum (bottom up) in Trust:
From the “top down”, a corporation is proposed by a Charter of Rights, being granted by crown or body politic or other higher corporation and recorded in a Charter Roll.
From the “bottom up”, a corporation is proposed by a Memorandum of good will of the founders, formed when an assembly of founder’s pledge in unity their good will and intentions in trust to some common purpose, as recorded in a Memorandum
(e.g. Articles of Union or Articles of Confederation). That is the origin of the notion of good will, as the only effective rights placed in trust in the formation of the corporation. Most modern corporations today are formed in this manner and when good will ceases and there is a breach in this fundamental memorandum, then consistent with all trust law, the underlying trust that gives life to the corporation ceases to exist; and all such rights are usually conveyed into a fraud trust, under Western-Roman Law, for the liquidation of such a corporation.
The second step, a corporation is formed either by issue of Signed/Sealed Charter, or Deed of Ratification of Founding Memorandum of Union. A Signed and Sealed Charter demonstrates the valid formation of a Chartered Corporation, based upon its existence and recording within a Charter Roll.
If the corporation was formed by the good will of its founders, then by a Deed of Ratification that demonstrates the individual intention of each founder in the formation of a corporation by the will of its founding members.
This is why the existence of Ratification is fundamental in all cases where it is claimed a country was formed and is operating under a constitution, such as Australia for example. The Constitution of Australia, as promulgated in 1901 has never been ratified once, by a single Australian state.
What this means, is that the country has been operating on the Charter granted to the Governor General of Australia, with the constitution being nothing more than the rules of such trust under Charter as property of the crown, until a private corporation was formed in the 1970’s and registered in the United States, usurping commonwealth Authority. In other words, Australia is a classic example of a country with no legitimate laws, being run by private and secret corporations for their own personal profit; and progressively becoming more and more out of control since the 1970’s. Canada is in a similar situation.
The two ways Corporate Powers are structured
The Powers, Authority and Structure of a Corporation may be defined by Articles or Rule, or
a constitution then ratified by Members.
Articles or Rules define the elementary powers, authority and structures of a corporation.
A Constitution defines a more complete structure of powers and authority of a corporation without normally defining procedures or form.
How a Corporation functions:
A corporation may define its operational procedures either according to Bylaws as ratified by its members, or according to policies as dictated by its Executive as Orders. Only Private Corporations may issue Executive Orders.
By operating procedures, it is meant how the procedures and forms of the corporation may be defined and how they function:
By Bylaws or Statutes, it is meant that the operating rules of the corporation are issued and ratified by the members (or their elected representatives) of the Corporation. All rules of a public corporation must be Bylaws (Statutes).
By Policies or Procedures, it is meant the Dictates issued, as changeable rules, by the Executive of a private corporation solely as Executive Orders, without ratification by members or their representatives.
By definition, all Public Corporations are forbidden by law to be operated by Dictates (Executive Orders), as these Policies and Regulations circumvent the representatives of Members. Evidence of Executive Orders is either proof of breach of trust by executive, or the existence of a Private Corporation structure.
How founding Corporate Instruments Relate:
The Charter or Memorandum defines the boundary of trust, the rights (corpus) of
the corporation.
The Rules or Constitution defines the organs and their authority and powers
The Bylaws or Policies defines how the property and operations of the corporation
is to be administered.
The three ways a corporation is proven to exist:
A Corporation may be proven to exist by three ways: Certificate of Charter, or Certificate of Ratification or a Certificate of Incorporation:
- Certificate of Charter: Issued by the body that granted its Charter and proof that the Chartered Corporation exists. A Certificate of Charter is in effect a Certificate of Exemplification.
- Certificate of Ratification: Issued by an independent witness (e.g. notary, justice of peace or court, etc.), is proof that the Corporation exists.
- Certificate of Incorporation: Issued by a Body Politic as to the recognition of “personality” of a corporation is proof of its existence.
What is the importance of Corporate Personality?
Corporate personality enables a wide variety of different Corporations to be considered “the same” in order to lawfully hold assets and liabilities and to trade and exchange. Without Corporate Personality there would be no systems of trade.
A Corporate Person is a derivative of a Person:
How is corporate personality created? a Person is a fictional form of you, an individual; whereas a Corporate Personality is a fictional derivative (copy) of a Person.
Just as a Person is a fictional form enclosing attributes as [or of] the Identity of a man or woman or body politic (assembly) or thing, Corporate Personality is a fictional derivative of a Person. In effect, a Corporate Person is the “Agent” of a Person. A Corporation has “personality” or “personage”, to the extent that such agency powers remain in force.
That is why they say legal personality as an adjective and not as a noun, as the quality of Corporate “Personage” is a separate element to the actual formation of a corporation. That is also the difference between the liquidation of a corporation versus the de-registering of a corporation. One
dissolves the company (liquidation), whereas the other terminates the “personality” of a company, preventing it from trading or owning bank accounts.
A Person is formed by a record on a valid Roll; whereas a Corporate Person is formed via a recording or registration known as “Incorporation” on a Register.
A Corporate Person or “Incorporation” depends on the prior existence of:
- A valid record in a Roll of Persons
- A constituting document creating a body of rights as a Corporation.
In contrast, a Charter Roll fulfills both points (1) and (2) and the earliest corporations were usually by enrollment on a Charter Roll (granting of a Charter).
Similar to Estates, care must be taken not to be tricked into thinking that all corporate personalities are the same. Not all Corporate Personality is the same. Just as Estates create Persons, Corporate Personality may be formed as Ecclesiastical, Public, Private or Personal.
While two corporations may be the same in their formation, their incorporation and thus the recognition of associated Rights determines their standing in law.
The lowest standing of corporation in Western-Roman law is a corporation sole (individual personal corporation). The highest standing corporation is a spiritual corporation or corporation sole or body corporate for “cure of souls”.
Putting the concept of corporate personality and standing into context, Poor people (Paupers, Prisoners, Peons etc.) have always had the lowest standing. However, until the 1930’s, public personality of public corporations provided some relief. Bodies Politic (i.e. United States, Canada, etc.) provided some level of relief to the “masses” via public accountability and public law.
In contrast to the nightmare that emerged from the 1930’s onward, whereby Banks took control over public policy as “gods”. Governments gradually switching to US based private corporations. Police, Courts and Agencies are contractors. Much of the world has been suffering under a “pirate” model of corporations controlled by major reserve banks since the 1930’s, as public accountability and any form of relief has continued to decline.
Property:
What is Property?
Property begins with the notion of “rights in trust” Then the notion of property being title of a person connected to certain property in the context of an estate. Then on the notion of a fund or a “real asset” associated with a purpose or obligation. Thus, we see the progression, beginning with rights in trust, then property being a further refinement of such rights, then applied in ownership to a particular type of person, named or unnamed.
Funds:
What is a Fund?
A Fund is a sum of units of monetary value, recorded in one or more designated accounts, set apart for a term of years, and one or more specific purposes. A Fund enables the “conversion” of the value of one or more underlying rights in trust into an asset that can then be used to discharge debts, borrow “money” and settle accounts.
Corporations need Funds to operate:
Corporations cannot (by logic) dispose of and discharge debts using the primary rights held in trust, Corporations need access to Funds. A Fund enables the “conversion” of the value of one or more underlying rights in trust into assets that can then be used to discharge debts, borrow and settle accounts.
For example, a corporation formed by the rights of “good will” of the founding members, creates a “fund” of capital against such good will to convert, to trade and discharge debts and obligations.
Consider the fact that the unit of value ascribed to creating a value associated with the term and purpose does not necessarily have to be in the denomination of a private money system. If it is a private token system, then you may not have the right to even nominate such units as the base. Furthermore, if your hypothecations associated with such a fund were to be registered into a place under the control of a bank owning such a private money system, then technically they may be in full right to confiscate such funds from you at any time, because it is their private money, and not yours.
Assets:
What is an Asset?
An Asset is a sum of units of monetary value, recorded in one or more designated accounts, available for the discharge of a debt and not yet assigned to a specific purpose. Unlike a Fund whereby the Stock Certificates or Convertible Notes may be exchanged to discharge or secure a given debt, an Asset takes the complete account value of a given asset, as proven by a certificate and makes it available as underwriting for a given debt. This is most common for very expensive forms of debts such as home ownership, the purchase of a car or other “bit ticket” items.
