Notes: Lecture on Fiduciaries and Administrative Processes

Introduction

• Speaker: Sylvester Moore-Eal
• Organization: THCTrust.org
• Purpose: Support research by subscribing via their website.
  • Subscription options: $225 yearly or $32 monthly.
  • Benefits: Access to templates, certain access to the speaker, and a Telegram group.
  • Coaching sessions available for $75.

Main Topic: Fiduciaries

• Importance of fiduciaries in administrative procedures, especially for discharging mortgages.
• Emphasis on enforcement of administrative procedures.
• Not everyone has a fiduciary duty, but elected officials may have obligations due to their oath to support the Constitution.
  • Accepting their oath creates a binding contract.

Presenting Payment Instruments

• Concept: Discharge of a mortgage or other obligations requires presenting commercial instruments to a fiduciary.
  • Government intervention has affected the right to money, leading to alternative remedies.
• Government obligations to facilitate commerce introduced through acts like H.J.R. 192 and the Trading with the Enemy Act.

Role of Fiduciaries

• Fiduciaries are responsible parties in transactions.
  • Identifying a fiduciary transfers responsibility and liability from the individual.
• Importance of identifying a fiduciary for enforcing transactions.

Enforcing Fiduciary Duties

• When a fiduciary is appointed, they have to perform or investigate further.
  • Delivery of instruments must be done through registered mail and restricted delivery to gather evidence.
  • Use of government forms like PS-3806 for evidence.

Legal References

• Uniform Commercial Code (UCC) provides guidance on construction of contracts.
  • UCC 1-201: Defines voluntary transfer of possession.
  • UCC 3-307: Defines a corporate officer as a fiduciary.
• Internal Revenue Code sections 641, 642, and 651 cover fiduciary taxation.
  • Taxes involved: Income, capital gains, and distributions.

Procedures and Evidence

• Importance of constructing evidence for an enforceable contract.
• Use of IRS Form 56 for appointing fiduciaries.
  • Form establishes fiduciary relationship and responsibilities.

Practical Steps and Tools

• Sending instruments via registered mail, restricted delivery.
• Appointing fiduciaries through proper legal documents and notices.
  • Use of a fiduciary appointment and authorization contract.
  • Including a memorandum of law with legal references to support the fiduciary request.

Conclusion

• Importance of meticulousness in appointing fiduciaries and gathering evidence.
• Invitation to join THCTrust.org for more resources and support.
• Encouragement to engage in research and use available templates and services.