Enforcement/Fiduciaries and Their Administrative Roles

Peace and love, everybody. Welcome to THCTrust.org. This is your brother, Sylvester Moore-Eal. So what I would like you to do, if you want to help support our research organization, go to THCTrust.org, go right down here, click create an account, and once you have an account, go ahead and log in and go right up here to the top. where it says membership plan, you can click that. And I prefer you do the $225 yearly indefinite subscription, or you can do a $32 per month subscription. The subscription, what it does, it allows me to continue to do this research and continue to create templates that you can use in your affairs. All the templates that I referenced, that we talk about, that we discuss, you have access to them, as well as you have. a certain level of access to me. Certain things require coaching sessions, but there's a telegram group that I'm in. If you have the membership, you can go down here under services where it says conference, and that will get you access to where I spend at least five hours a day available on telegram. And for coaching sessions, I still do coaching sessions. You don't have to be a member. Those are $75 per session. Right now the schedule is open. I don't have not one coaching schedule scheduled at the time of this video. Anyway, today we are going to be talking about fiduciaries in general. Just the fiduciary, the importance of it. So under the advanced topics we have this... Link here is called fiduciary appointment and authorization. It really just should say, yeah, that's fine, fiduciaries. And particularly, this is kind of piggybacking off of the videos that we just went through, the idea or the administrative procedure for discharging a mortgage. But as with that administrative procedure and any other administrative procedure that you have to do, a lot of times it's going to require enforcement. So I just want to show you some things about the fiduciary so it can help you better see a clearer path to enforcement. Now, I always like to start here. Not everyone has a fiduciary. duty or responsibility to you. And even if they do, you can't really prove that everybody does. So this is why I say when you're dealing with elected officials or anyone who has an oath to support and defend the Constitution of the United States, or any oath for that matter, that may be of the benefit for the people, then you accept their oath of office before engaging them to perform because now, you know, because in so doing, you create A binding and enforceable contract, because everything still is all about contracts and contractual obligations and enforcement. Right. So let's read here. Present your payment instrument to a fiduciary. So, again, this concept is, say, is if you're discharging something or you're doing something that requires you to present. a bill, a bond, an A4V, or any of these commercial instruments to a fiduciary. And my thoughts in this is that based on the national emergency, the government has intervened or they have interfered with your right to money, per se. So a result of that is they made a remedy to continue to facilitate commerce or to have business as usual when they've taken sound, excuse me for the lack of verbiage, I call it sound money, but it's not sound money. Basically, money backed by substance. We know that this is already the case. We know that there's been banking emergencies and H.J.R. 192 and the trading with the Enemy Act. They've passed all of these acts of Congress to deal with the banking emergencies and the national emergencies. This is all government stuff. So in so doing, the government has taken on certain obligations. in order to be able to continue to facilitate commerce. And this is, you know, some of these obligations of the government based on these acts of Congress, some of these obligations is what we rely on for our remedy. So a lot of times we can't do this for ourself, even though we may know it's the case, but we have to rely on others who have been empowered or elected to perform for us. And this is how I kind of see it more so than they're just gatekeepers, because I think you have the mindset of it's always up to them. They didn't accept it. They rejected it. They didn't approve it. I mean, you can look at it that way, but I think it leads to more solutions if you look at it from the standpoint of what can I do? Because this one person does not have the authority to deny me of my rights and I'm not going to allow it to happen. Right. Everybody's got a breaking point. Right. You know, I don't know if you call it a breaking point, but I guess what I'm saying is, you know, if you worked, you know, say you were just a slave in the matrix, you didn't know anything about what we're talking about. But if you worked 10 years and you have $150,000 in your bank account. And one day you go to get the money and the people at the bank says, I'm sorry, but, you know, we're not going to give you your money. We don't think you deserve it. Right. You're not just going to take that. You're going to be on it every single day because you wouldn't be able to let it go. You would be like, who is this? Who do they think they are? By what authority? And you're probably going to try more avenues than just one because you know that you're entitled. to the result. So you're not going to let it ride, right? You're not going to let that ride. And you're going to be in full expectation to at some point get a solution, whether you escalate, yell, scream, rant, report, make a claim, file a lawsuit, whatever. You're going to be doing everything because irregardless of what somebody has decided to do, they're wrong, right? So you would Some kind of way have to enforce your right to your property or to your so-called money or whatever is in your bank account. So I think you should have this type of same approach with your remedy. Now, there's so many things you can do when you discharge something. You can rely on the Uniform Commercial Code and the presentment of a commercial instrument. Then you have the banking emergencies and the remedies set forth for discharge and full acquittance with the HJR 192. Then you have the reporting with the 1099 forms in the IRS, which is a whole nother layer. And then you have, of course, which I'm speaking of today, the enforcement directly against the fiduciary who's responsible for facilitating the transaction. Right. And that's. I guess that's good. That's where I'll lead into this level of enforcement that we're talking about. Why is it important to identify the fiduciary in any of these transactions? Well, one, because the fiduciary is the responsible party. And until you appoint or identify a fiduciary to facilitate a transaction, you by default are the responsible party or the surety that you. Don't really want to be. And I shouldn't say you, but I guess it is the general you. You is the second person. I am the first person. You is the surety. So, but no, for real, don't get confused. So let me just read what we have here. Present your payment. instrument to a fiduciary. And I guess I'm using payment synonymous with discharge, right? Because you really can't pay for anything under the original definition of what payment would be with regard to money. So when we speak in terms of paying, we're speaking in terms of setting off, offsetting, discharging, or something of the effect, right? So present your offset instrument to the fiduciary or present your payoff instrument or your discharging instrument, whatever the instrument is, the purposes for discharging, you present it to a fiduciary. Private instruments for discharge must be delivered by registered mail and restricted delivery. This means only the principal or his or her agent can receive the presentment or the mail for delivery, right? Registered mail, restricted delivery. Why? Because you are gathering the evidence that you need to enforce your contract in any situation if you have to enforce the contract. So the Secretary of State, now here's another thing, look up the word agent. So you can better understand what the law of agency is. This is, I'm not going to say this is new information that I'm about to tell you, but it's something to think about when you do your administrative processes. A lot of times we send things to the CFO of financial associations or banking associations or national associations and financial institutions. We send things to the corporate office and the CFO. But we know. that notice to agent is notice to principal. In every so-called state where any of these organizations, associations, banking associations, or whatever, where they do business, they must have a registered agent. So if notice to agent is notice to principal, and when you use registered mail, the service of restricted delivery, they allow the principal, the addressee of whom you address the call. communications to, to receive the instrument, or they allow the agent to receive it on behalf of the principal. So when you do restricted delivery, you request the green card, which is the PS-3806, because that's a government form that, again, can be used as evidence of restricted delivery, and it proves the fact of delivery, just say. You've constructed a piece of evidence that's going to be critical to proving that you have an enforceable contract against the fiduciary in case the fiduciary decides not to perform. And when you look throughout what I'm reading here, I put different references in a uniform commercial code, which kind of governs the construction of contracts so that you can better understand, hey, I really have an enforceable contract. Because you're going to have to have the mindset to enforce these things to really get the result. I'm just trying to give you the tools as best as I can. So registered mail service with the return receipt requested establishes the fact of delivery, which is a commercial term. You heard that delivery doesn't just have something to do with, oh, they got my paperwork. It's a commercial term. especially if you had a commercial instrument in there, for voluntary transfer of possession. And you can look at the UCC 1-201. I think those are definitions, and it's going to tell you that. The voluntary transfer of possession. There's a transfer going down with the delivery. And so I say it's a voluntary transfer. of your interest, your instrument, or your interest to the fiduciary. Why is this important? Well, the fiduciary appointment transfers the responsibility and the liability of the underlying account or security interest to the fiduciary. So this is why in any given transaction, where you have to appoint a fiduciary to facilitate commerce on your behalf, I would include an IRS Form 56 notice concerning fiduciary relationship and the fiduciary appointment and authorization contract that is also available to everyone who has a membership on THCTrust.org. And we went over that document. There's a couple of those templates on the website. We went over that. the videos I did before this the last two videos so Many of you probably already know to do registered mail restricted delivery, but I'm just filling in more details of why we do these things, right? Under the federal rules of evidence, copies of government records are evidence. And the PS 3806, I mean, government records are evidence. PS 3806 is evidence. That's the green card proof of delivery to the agent or to the principal. And delivery, especially with your signature on commercial paper, transfers possession of a security interest. A fiduciary is one who's in possession of property on behalf of some other party, purpose, trust, or something of the sort. And the fiduciary is the responsible party. The IRS would tell you that. The fiduciary is responsible for paying the taxes. The account is taxable, which is why any specific transaction that you're dealing with with these fiduciaries is an account that's taxable. So you may want to again consider appointing the fiduciary. Under the UCC 3-307, a corporate officer is a fiduciary with respect to an instrument. So that's a reference for you. Now, in the Internal Revenue Code sections 641, 642, and 651, excuse me, 641, 642, and 651, these sections of the Internal Revenue Code outline the taxation of fiduciary income, capital gains, and distributions. These are the things, these are the type of taxes that a fiduciary who's holding property or security of some sort, I would assume based off of my research, would be responsible for paying. That's covered in, again, section 641, 642, and 651 of the Internal Revenue Code. Section 641 covers taxation of income earned by a fiduciary. This includes from investments and any other sources. I believe when it comes to the banks with the promissory notes, they're purchasing them from us, but I believe they're considered investments. for the bank. But either way, it may be important to note that if they're ignoring your procedures, your presentments altogether, and they have an account or taxable income because they've been appointed a fiduciary over a specific transaction, when you're filling out your reporting forms, what is it? Not 3949A, but... But, you know, they got some IRS reporting forms where you can report these people. You can say you don't believe that the fiduciary income taxes were paid nor the capital gains or any taxes on distribution. Section 642 covers the taxation on capital gains and losses. This includes any gains or losses incurred as a result of the fiduciary's management activities. Man, I'm all slurring here. This includes any gains or losses. incurred as a result of the fiduciary's management activities. Section 651 covers the taxation of distributions made to the beneficiary. This includes any distributions that are made to the beneficiary from the funds or property managed by the fiduciary. This might be something, you know, to pay attention to when one's trying to do an acquisition on something, right? Maybe there's a distribution being made. to the beneficiary so that the acquisition can be overcame. I mean, so the acquisition can take place, but at the same time, it's a taxable matter in the hands of the fiduciary. Now, we typically don't have the tools to facilitate these transactions. We can't clear a check or process a check or process an instrument or credit an account. We can't do any of that. But fiduciaries can do these things on our behalf when lawfully appointed to do so or required to do so under the law. So this is a special area that we're dealing in when we're talking about appointing these fiduciaries based off of some obligation. Now that's important. You really have to understand why they are obligated to do what you're asking or requesting them to do. Why is it their obligation? Why is it lawful? And you have to be able to do these things so you can have something that's enforceable. All right. Binding an enforceable fiduciary agreement. I'm just right here reading off the site. One establishes the lawful-slash-legal fiduciary relationship by giving notice. According to Bouvier's Law Dictionary, actual notice is when notice is directly given to the party to be affected by it, and constructive notice is when a party is put upon inquiry, which amounts in judgment of law to notice. Provided that the inquiry becomes a duty imposed on the party who ought to make it. So let me read that again. According to Bouvier's Law Dictionary, actual notice is when a notice is directly given to the party to be affected by it. And constructive notice is when a party is put upon inquiry, which amounts in judgment of law to notice. Provided the inquiry becomes a duty imposed on the party who ought to make it. So I put this down here in the bottom to help break down and understand what this is saying. When a party is put upon inquiry means that the party has been given some kind of indication that action needs to be taken or that further investigation needs to take place. This is a part of notice. When you give notice, you can put a party upon inquiry. The inquiry means that the party receiving the notice has been given indication. that an action must be taken, i.e. discharge account, right, perform, you know, an action must be taken, or if you're not going to take the action, right, that further investigation needs to take place. What is a further investigation? Respond with an affidavit stating that based on these laws, you know, I am unable to. not required to, incapable of, or whatever. A fiduciary has a duty to provide disclosure, to be honest, to be forthwith. So this leads, when you give proper notice, especially when it's a notice regarding a performance-based obligation, to a fiduciary and you have a contract with that fiduciary, it means that party has to either perform or do further investigation and of course respond with honesty and not concealing or hiding important information. In regards to why they won't perform or what else is necessary for them to perform, etc., etc. But the answer can't be, well, we just don't do this. We haven't seen this before. I'll get back on the plantation. This doesn't apply to you. Those are not acceptable answers. And this is why we're digging into further about the duties, the obligations or responsibilities of a fiduciary and how to get enforcement. IRS 456 is titled notice regarding fiduciary relationship right there we go again notice we just seen what the definition of notice is notice if you look at the definition is basically telling you that notice creates an obligation no let me correct that notice can create an obligation based on It's nature. If it's an inquiry in nature, it can definitely lead to an obligation. You can look these words up specifically to further see why I'm saying this. You can look up the words inquiry, notice, and you'll see why I'm saying this. This is the nature of our administrative procedures when you accept a constitutional oath of office. And you have to be meticulous and precise because the majority of these fiduciaries, when you have to enforce this stuff, They've never been presented with this stuff. Some of them don't even know about this, and some of them may. But it's still not your responsibility to teach them. There's references. They can look it up. They have legal staffs and all this stuff. It's their duty and responsibility to know. There's got to be some answers, and we got to hold the feet to the fire. Something else to state. When we're dealing with, again, the bankruptcy. the emergency trying to facilitate commerce without substance backed currency and not being a slave, our most significant fiduciary appointment is to the Secretary of the Treasury, now Janet Yellen, to facilitate commerce and carry out the obligations of the United States. These are the obligations of the United States, right? We know the United States has the mortgage on all of the citizens'properties, their actual houses. These are all collateral for the United States debt. And based off of it, to facilitate commerce under this ongoing emergency, the United States has taken on certain obligations. Those obligations being our remedy in the nature of discharge, the ability to discharge certain debts or obligations. due to the inability to pay. So just in this whole scheme of things where different public officers can be fiduciaries, it would naturally seem that Janet Yellen or the office itself of the Secretary of the Treasury, irregardless of who's sitting in the office, that you have a record, maybe a 456, maybe a fiduciary appointment authorization contract, where you are appointing these. that office as a fiduciary on your estate to facilitate commerce under the purposes of the national merger etc etc and of course you know i'm going to create that template because i need to do it myself and that's just something i'm going to do that this week or so and that template will be right here when i create it and of course those who support the endeavors by having the yearly or monthly subscription you'll be able to you You'll have access to that just like you have to the rest of the things and templates that I do here. So if the fiduciary were to ignore the appointment altogether, this would create a breach of fiduciary duty. And a breach of fiduciary duty also may constitute both a breach of contract and a tort. And there's a case law for that. And there's a whole bunch of other case laws for that. You know, I got some good. I got the hookup on the case law. Here is an example of a notice to compel a valid response or performance of an inquiry with default provisions. Actually, that notice isn't there yet. This is a notice of breach of fiduciary duty. You can look at it. I'm not going to go into that right now, but that's all it is, is a notice. And it's about how is the notice stated. whether it creates an obligation or inquiry with a fiduciary. And then I'm going to I think I'm going to shut this down here. But there's also the standard form 95, which is a tort form, a federal tort form that you would file with a federal agency. Now, a lot of times some of these fiduciaries might not directly work for a federal agency. But when we have appointed him based off of the national emergency or the banking emergency, and it's now in the federal or national jurisdiction because we're dealing with the banking policy. And that's not really a state thing, right? That's a national thing. So maybe you would send the Form 56 to the Treasury. Or, I mean, this is just thoughts. You know, these are just thoughts. So the SF-495 is something that you want to investigate. The last thing I will say with this, so obviously, what can we take away from this? We can take away the importance and the significance of appointing an elected official or a corporate officer. of a bank that receives our presentments, we can see the importance of appointing them as fiduciary with a Form 56. Now, to appoint someone as fiduciary on a Form 56, I do believe you should be operating in trust. You should have your trust set up, right? We have the trust set up the way that We feel it should be done. You're a state and trust, your last will and testamentary trust. That's under the personal status correction menu. But it's just when you're doing these fiduciary, like you do a form 56 and you're appointing some other elected official as a fiduciary. Well, a fiduciary is also supposed to be signing the form. I haven't seen anything that says the person who is being appointed has to sign the form, but a fiduciary must sign the form. So therefore. That fiduciary is probably the executor or trustee of your last will and testamentary trust or your living trust or whatever trust you're operating through. So just something to keep in mind when you use the 456s. We come out of this with establishing the fiduciary relationship by providing the Form 56 and then providing the fiduciary appointment and authorization contract, which, you know, we didn't go into that template here, but it's something that we would also send to the fiduciary. And along with that contract, which is very important, we would send a memorandum of law as relates to what we are. demanding or instructing or requesting the fiduciary to do. We would send a memorandum of law, acts of Congress, or articles and sections of state and federal constitutions, and maybe even Supreme Court case law that we are relying upon in order for them to perform. It's important that that memorandum of law is in there, and it's important, you know, we have about a page and a half that... We usually use for matters of discharging debt and things like that because it's very specific to that. If, you know, whatever you're doing, make sure the memorandum of law is specific. Don't put a bunch of stuff in the memorandum of law that has nothing to do with your appointment and authorization or the instruments that you're presenting. Right. So I hope that's helpful. Listen, if you like the level of research that we're doing, you want to have more access to reach me, not to abuse my resource, you know what I'm saying, but to reach me, bounce a question off me or something, create a membership, THCTrust.org, or, you know, have a coaching session. And you can look below this video for the details of information on how to do all of that. Peace and love. Thank you for listening.

Peace and love, everybody. Welcome to THCTrust.org. This is your brother, Sylvester Moore-Eal.

So what I would like you to do, if you want to help support our research organization, go to THCTrust.org, go right down here, click create an account, and once you have an account, go ahead and log in and go right up here to the top. where it says membership plan, you can click that. And I prefer you do the $225 yearly indefinite subscription, or you can do a $32 per month subscription. The subscription, what it does, it allows me to continue to do this research and continue to create templates that you can use in your affairs. All the templates that I referenced, that we talk about, that we discuss, you have access to them, as well as you have.

a certain level of access to me. Certain things require coaching sessions, but there's a telegram group that I'm in. If you have the membership, you can go down here under services where it says conference, and that will get you access to where I spend at least five hours a day available on telegram. And for coaching sessions, I still do coaching sessions.

You don't have to be a member. Those are $75 per session. Right now the schedule is open.

I don't have not one coaching schedule scheduled at the time of this video. Anyway, today we are going to be talking about fiduciaries in general. Just the fiduciary, the importance of it. So under the advanced topics we have this... Link here is called fiduciary appointment and authorization.

It really just should say, yeah, that's fine, fiduciaries. And particularly, this is kind of piggybacking off of the videos that we just went through, the idea or the administrative procedure for discharging a mortgage. But as with that administrative procedure and any other administrative procedure that you have to do, a lot of times it's going to require enforcement. So I just want to show you some things about the fiduciary so it can help you better see a clearer path to enforcement. Now, I always like to start here.

Not everyone has a fiduciary. duty or responsibility to you. And even if they do, you can't really prove that everybody does. So this is why I say when you're dealing with elected officials or anyone who has an oath to support and defend the Constitution of the United States, or any oath for that matter, that may be of the benefit for the people, then you accept their oath of office before engaging them to perform because now, you know, because in so doing, you create A binding and enforceable contract, because everything still is all about contracts and contractual obligations and enforcement. Right.

So let's read here. Present your payment instrument to a fiduciary. So, again, this concept is, say, is if you're discharging something or you're doing something that requires you to present.

a bill, a bond, an A4V, or any of these commercial instruments to a fiduciary. And my thoughts in this is that based on the national emergency, the government has intervened or they have interfered with your right to money, per se. So a result of that is they made a remedy to continue to facilitate commerce or to have business as usual when they've taken sound, excuse me for the lack of verbiage, I call it sound money, but it's not sound money. Basically, money backed by substance.

We know that this is already the case. We know that there's been banking emergencies and H.J.R. 192 and the trading with the Enemy Act. They've passed all of these acts of Congress to deal with the banking emergencies and the national emergencies. This is all government stuff.

So in so doing, the government has taken on certain obligations. in order to be able to continue to facilitate commerce. And this is, you know, some of these obligations of the government based on these acts of Congress, some of these obligations is what we rely on for our remedy. So a lot of times we can't do this for ourself, even though we may know it's the case, but we have to rely on others who have been empowered or elected to perform for us. And this is how I kind of see it more so than they're just gatekeepers, because I think you have the mindset of it's always up to them.

They didn't accept it. They rejected it. They didn't approve it. I mean, you can look at it that way, but I think it leads to more solutions if you look at it from the standpoint of what can I do?

Because this one person does not have the authority to deny me of my rights and I'm not going to allow it to happen. Right. Everybody's got a breaking point. Right. You know, I don't know if you call it a breaking point, but I guess what I'm saying is, you know, if you worked, you know, say you were just a slave in the matrix, you didn't know anything about what we're talking about.

But if you worked 10 years and you have $150,000 in your bank account. And one day you go to get the money and the people at the bank says, I'm sorry, but, you know, we're not going to give you your money. We don't think you deserve it.

Right. You're not just going to take that. You're going to be on it every single day because you wouldn't be able to let it go. You would be like, who is this? Who do they think they are?

By what authority? And you're probably going to try more avenues than just one because you know that you're entitled. to the result.

So you're not going to let it ride, right? You're not going to let that ride. And you're going to be in full expectation to at some point get a solution, whether you escalate, yell, scream, rant, report, make a claim, file a lawsuit, whatever.

You're going to be doing everything because irregardless of what somebody has decided to do, they're wrong, right? So you would Some kind of way have to enforce your right to your property or to your so-called money or whatever is in your bank account. So I think you should have this type of same approach with your remedy. Now, there's so many things you can do when you discharge something.

You can rely on the Uniform Commercial Code and the presentment of a commercial instrument. Then you have the banking emergencies and the remedies set forth for discharge and full acquittance with the HJR 192. Then you have the reporting with the 1099 forms in the IRS, which is a whole nother layer. And then you have, of course, which I'm speaking of today, the enforcement directly against the fiduciary who's responsible for facilitating the transaction. Right. And that's.

I guess that's good. That's where I'll lead into this level of enforcement that we're talking about. Why is it important to identify the fiduciary in any of these transactions?

Well, one, because the fiduciary is the responsible party. And until you appoint or identify a fiduciary to facilitate a transaction, you by default are the responsible party or the surety that you. Don't really want to be. And I shouldn't say you, but I guess it is the general you.

You is the second person. I am the first person. You is the surety.

So, but no, for real, don't get confused. So let me just read what we have here. Present your payment. instrument to a fiduciary. And I guess I'm using payment synonymous with discharge, right?

Because you really can't pay for anything under the original definition of what payment would be with regard to money. So when we speak in terms of paying, we're speaking in terms of setting off, offsetting, discharging, or something of the effect, right? So present your offset instrument to the fiduciary or present your payoff instrument or your discharging instrument, whatever the instrument is, the purposes for discharging, you present it to a fiduciary.

Private instruments for discharge must be delivered by registered mail and restricted delivery. This means only the principal or his or her agent can receive the presentment or the mail for delivery, right? Registered mail, restricted delivery.

Why? Because you are gathering the evidence that you need to enforce your contract in any situation if you have to enforce the contract. So the Secretary of State, now here's another thing, look up the word agent.

So you can better understand what the law of agency is. This is, I'm not going to say this is new information that I'm about to tell you, but it's something to think about when you do your administrative processes. A lot of times we send things to the CFO of financial associations or banking associations or national associations and financial institutions. We send things to the corporate office and the CFO.

But we know. that notice to agent is notice to principal. In every so-called state where any of these organizations, associations, banking associations, or whatever, where they do business, they must have a registered agent.

So if notice to agent is notice to principal, and when you use registered mail, the service of restricted delivery, they allow the principal, the addressee of whom you address the call. communications to, to receive the instrument, or they allow the agent to receive it on behalf of the principal. So when you do restricted delivery, you request the green card, which is the PS-3806, because that's a government form that, again, can be used as evidence of restricted delivery, and it proves the fact of delivery, just say. You've constructed a piece of evidence that's going to be critical to proving that you have an enforceable contract against the fiduciary in case the fiduciary decides not to perform. And when you look throughout what I'm reading here, I put different references in a uniform commercial code, which kind of governs the construction of contracts so that you can better understand, hey, I really have an enforceable contract.

Because you're going to have to have the mindset to enforce these things to really get the result. I'm just trying to give you the tools as best as I can. So registered mail service with the return receipt requested establishes the fact of delivery, which is a commercial term.

You heard that delivery doesn't just have something to do with, oh, they got my paperwork. It's a commercial term. especially if you had a commercial instrument in there, for voluntary transfer of possession. And you can look at the UCC 1-201. I think those are definitions, and it's going to tell you that.

The voluntary transfer of possession. There's a transfer going down with the delivery. And so I say it's a voluntary transfer.

of your interest, your instrument, or your interest to the fiduciary. Why is this important? Well, the fiduciary appointment transfers the responsibility and the liability of the underlying account or security interest to the fiduciary. So this is why in any given transaction, where you have to appoint a fiduciary to facilitate commerce on your behalf, I would include an IRS Form 56 notice concerning fiduciary relationship and the fiduciary appointment and authorization contract that is also available to everyone who has a membership on THCTrust.org.

And we went over that document. There's a couple of those templates on the website. We went over that.

the videos I did before this the last two videos so Many of you probably already know to do registered mail restricted delivery, but I'm just filling in more details of why we do these things, right? Under the federal rules of evidence, copies of government records are evidence. And the PS 3806, I mean, government records are evidence. PS 3806 is evidence. That's the green card proof of delivery to the agent or to the principal.

And delivery, especially with your signature on commercial paper, transfers possession of a security interest. A fiduciary is one who's in possession of property on behalf of some other party, purpose, trust, or something of the sort. And the fiduciary is the responsible party. The IRS would tell you that. The fiduciary is responsible for paying the taxes.

The account is taxable, which is why any specific transaction that you're dealing with with these fiduciaries is an account that's taxable. So you may want to again consider appointing the fiduciary. Under the UCC 3-307, a corporate officer is a fiduciary with respect to an instrument.

So that's a reference for you. Now, in the Internal Revenue Code sections 641, 642, and 651, excuse me, 641, 642, and 651, these sections of the Internal Revenue Code outline the taxation of fiduciary income, capital gains, and distributions. These are the things, these are the type of taxes that a fiduciary who's holding property or security of some sort, I would assume based off of my research, would be responsible for paying. That's covered in, again, section 641, 642, and 651 of the Internal Revenue Code. Section 641 covers taxation of income earned by a fiduciary.

This includes from investments and any other sources. I believe when it comes to the banks with the promissory notes, they're purchasing them from us, but I believe they're considered investments. for the bank. But either way, it may be important to note that if they're ignoring your procedures, your presentments altogether, and they have an account or taxable income because they've been appointed a fiduciary over a specific transaction, when you're filling out your reporting forms, what is it?

Not 3949A, but... But, you know, they got some IRS reporting forms where you can report these people. You can say you don't believe that the fiduciary income taxes were paid nor the capital gains or any taxes on distribution.

Section 642 covers the taxation on capital gains and losses. This includes any gains or losses incurred as a result of the fiduciary's management activities. Man, I'm all slurring here. This includes any gains or losses. incurred as a result of the fiduciary's management activities.

Section 651 covers the taxation of distributions made to the beneficiary. This includes any distributions that are made to the beneficiary from the funds or property managed by the fiduciary. This might be something, you know, to pay attention to when one's trying to do an acquisition on something, right?

Maybe there's a distribution being made. to the beneficiary so that the acquisition can be overcame. I mean, so the acquisition can take place, but at the same time, it's a taxable matter in the hands of the fiduciary.

Now, we typically don't have the tools to facilitate these transactions. We can't clear a check or process a check or process an instrument or credit an account. We can't do any of that. But fiduciaries can do these things on our behalf when lawfully appointed to do so or required to do so under the law. So this is a special area that we're dealing in when we're talking about appointing these fiduciaries based off of some obligation.

Now that's important. You really have to understand why they are obligated to do what you're asking or requesting them to do. Why is it their obligation? Why is it lawful?

And you have to be able to do these things so you can have something that's enforceable. All right. Binding an enforceable fiduciary agreement.

I'm just right here reading off the site. One establishes the lawful-slash-legal fiduciary relationship by giving notice. According to Bouvier's Law Dictionary, actual notice is when notice is directly given to the party to be affected by it, and constructive notice is when a party is put upon inquiry, which amounts in judgment of law to notice.

Provided that the inquiry becomes a duty imposed on the party who ought to make it. So let me read that again. According to Bouvier's Law Dictionary, actual notice is when a notice is directly given to the party to be affected by it. And constructive notice is when a party is put upon inquiry, which amounts in judgment of law to notice. Provided the inquiry becomes a duty imposed on the party who ought to make it.

So I put this down here in the bottom to help break down and understand what this is saying. When a party is put upon inquiry means that the party has been given some kind of indication that action needs to be taken or that further investigation needs to take place. This is a part of notice. When you give notice, you can put a party upon inquiry.

The inquiry means that the party receiving the notice has been given indication. that an action must be taken, i.e. discharge account, right, perform, you know, an action must be taken, or if you're not going to take the action, right, that further investigation needs to take place. What is a further investigation? Respond with an affidavit stating that based on these laws, you know, I am unable to. not required to, incapable of, or whatever.

A fiduciary has a duty to provide disclosure, to be honest, to be forthwith. So this leads, when you give proper notice, especially when it's a notice regarding a performance-based obligation, to a fiduciary and you have a contract with that fiduciary, it means that party has to either perform or do further investigation and of course respond with honesty and not concealing or hiding important information. In regards to why they won't perform or what else is necessary for them to perform, etc., etc.

But the answer can't be, well, we just don't do this. We haven't seen this before. I'll get back on the plantation. This doesn't apply to you.

Those are not acceptable answers. And this is why we're digging into further about the duties, the obligations or responsibilities of a fiduciary and how to get enforcement. IRS 456 is titled notice regarding fiduciary relationship right there we go again notice we just seen what the definition of notice is notice if you look at the definition is basically telling you that notice creates an obligation no let me correct that notice can create an obligation based on It's nature.

If it's an inquiry in nature, it can definitely lead to an obligation. You can look these words up specifically to further see why I'm saying this. You can look up the words inquiry, notice, and you'll see why I'm saying this. This is the nature of our administrative procedures when you accept a constitutional oath of office.

And you have to be meticulous and precise because the majority of these fiduciaries, when you have to enforce this stuff, They've never been presented with this stuff. Some of them don't even know about this, and some of them may. But it's still not your responsibility to teach them.

There's references. They can look it up. They have legal staffs and all this stuff.

It's their duty and responsibility to know. There's got to be some answers, and we got to hold the feet to the fire. Something else to state.

When we're dealing with, again, the bankruptcy. the emergency trying to facilitate commerce without substance backed currency and not being a slave, our most significant fiduciary appointment is to the Secretary of the Treasury, now Janet Yellen, to facilitate commerce and carry out the obligations of the United States. These are the obligations of the United States, right? We know the United States has the mortgage on all of the citizens'properties, their actual houses. These are all collateral for the United States debt.

And based off of it, to facilitate commerce under this ongoing emergency, the United States has taken on certain obligations. Those obligations being our remedy in the nature of discharge, the ability to discharge certain debts or obligations. due to the inability to pay.

So just in this whole scheme of things where different public officers can be fiduciaries, it would naturally seem that Janet Yellen or the office itself of the Secretary of the Treasury, irregardless of who's sitting in the office, that you have a record, maybe a 456, maybe a fiduciary appointment authorization contract, where you are appointing these. that office as a fiduciary on your estate to facilitate commerce under the purposes of the national merger etc etc and of course you know i'm going to create that template because i need to do it myself and that's just something i'm going to do that this week or so and that template will be right here when i create it and of course those who support the endeavors by having the yearly or monthly subscription you'll be able to you You'll have access to that just like you have to the rest of the things and templates that I do here. So if the fiduciary were to ignore the appointment altogether, this would create a breach of fiduciary duty. And a breach of fiduciary duty also may constitute both a breach of contract and a tort. And there's a case law for that.

And there's a whole bunch of other case laws for that. You know, I got some good. I got the hookup on the case law.

Here is an example of a notice to compel a valid response or performance of an inquiry with default provisions. Actually, that notice isn't there yet. This is a notice of breach of fiduciary duty. You can look at it.

I'm not going to go into that right now, but that's all it is, is a notice. And it's about how is the notice stated. whether it creates an obligation or inquiry with a fiduciary.

And then I'm going to I think I'm going to shut this down here. But there's also the standard form 95, which is a tort form, a federal tort form that you would file with a federal agency. Now, a lot of times some of these fiduciaries might not directly work for a federal agency. But when we have appointed him based off of the national emergency or the banking emergency, and it's now in the federal or national jurisdiction because we're dealing with the banking policy.

And that's not really a state thing, right? That's a national thing. So maybe you would send the Form 56 to the Treasury.

Or, I mean, this is just thoughts. You know, these are just thoughts. So the SF-495 is something that you want to investigate. The last thing I will say with this, so obviously, what can we take away from this? We can take away the importance and the significance of appointing an elected official or a corporate officer.

of a bank that receives our presentments, we can see the importance of appointing them as fiduciary with a Form 56. Now, to appoint someone as fiduciary on a Form 56, I do believe you should be operating in trust. You should have your trust set up, right? We have the trust set up the way that We feel it should be done. You're a state and trust, your last will and testamentary trust.

That's under the personal status correction menu. But it's just when you're doing these fiduciary, like you do a form 56 and you're appointing some other elected official as a fiduciary. Well, a fiduciary is also supposed to be signing the form. I haven't seen anything that says the person who is being appointed has to sign the form, but a fiduciary must sign the form. So therefore.

That fiduciary is probably the executor or trustee of your last will and testamentary trust or your living trust or whatever trust you're operating through. So just something to keep in mind when you use the 456s. We come out of this with establishing the fiduciary relationship by providing the Form 56 and then providing the fiduciary appointment and authorization contract, which, you know, we didn't go into that template here, but it's something that we would also send to the fiduciary.

And along with that contract, which is very important, we would send a memorandum of law as relates to what we are. demanding or instructing or requesting the fiduciary to do. We would send a memorandum of law, acts of Congress, or articles and sections of state and federal constitutions, and maybe even Supreme Court case law that we are relying upon in order for them to perform.

It's important that that memorandum of law is in there, and it's important, you know, we have about a page and a half that... We usually use for matters of discharging debt and things like that because it's very specific to that. If, you know, whatever you're doing, make sure the memorandum of law is specific. Don't put a bunch of stuff in the memorandum of law that has nothing to do with your appointment and authorization or the instruments that you're presenting. Right.

So I hope that's helpful. Listen, if you like the level of research that we're doing, you want to have more access to reach me, not to abuse my resource, you know what I'm saying, but to reach me, bounce a question off me or something, create a membership, THCTrust.org, or, you know, have a coaching session. And you can look below this video for the details of information on how to do all of that.

Peace and love. Thank you for listening.

Transcript for:Enforcement/Fiduciaries and Their Administrative Roles

Transcript for:
Enforcement/Fiduciaries and Their Administrative Roles