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Dï5 – U.S.A.

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CORROSPONDING US, UK , Canada, and AUS laws.

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    • #2745
      Christian James
      Participant

        Let’ Have a group to compare each countries laws. I am finding it is all the same stuff however some of the language is different.

      • #2746
        Christian James
        Participant

          Protected Purchaser (US)
          Uniform Commercial Code

          https://www.law.cornell.edu/ucc/8/8-303

        • #2747
          Christian James
          Participant

            UNIFORM COMMERCIAL CODE. This governs instruments in the US.
            https://www.law.cornell.edu/ucc

          • #3347
            Christian James
            Participant

              Sec. 8.104. ACQUISITION OF SECURITY OR FINANCIAL ASSET OR INTEREST THEREIN. (a) A person acquires a security or an interest therein under this chapter if:

              (1) the person is a purchaser to whom a security is delivered pursuant to Section 8.301; or

              (2) the person acquires a security entitlement to the security pursuant to Section 8.501.

              (b) A person acquires a financial asset, other than a security, or an interest therein, under this chapter, if the person acquires a security entitlement to the financial asset.

              (c) A person who acquires a security entitlement to a security or other financial asset has the rights specified in Subchapter E, but is a purchaser of any security, security entitlement, or other financial asset held by the securities intermediary only to the extent provided in Section 8.503.

              (d) Unless the context shows that a different meaning is intended, a person who is required by other law, regulation, rule, or agreement to transfer, deliver, present, surrender, exchange, or otherwise put in the possession of another person a security or financial asset satisfies that requirement by causing the other person to acquire an interest in the security or financial asset pursuant to Subsection (a) or (b).

              Amended by Acts 1995, 74th Leg., ch. 962, Sec. 1, eff. Sept. 1, 1995.

            • #3348
              Christian James
              Participant

                Texas Business Code Chapter 8 Sec. 8.105. NOTICE OF ADVERSE CLAIM. (a) A person has notice of an adverse claim if:

                (1) the person knows of the adverse claim;

                (2) the person is aware of facts sufficient to indicate that there is a significant probability that the adverse claim exists and deliberately avoids information that would establish the existence of the adverse claim; or

                (3) the person has a duty, imposed by statute or regulation, to investigate whether an adverse claim exists, and the investigation so required would establish the existence of the adverse claim.

                (b) Having knowledge that a financial asset or interest therein is or has been transferred by a representative imposes no duty of inquiry into the rightfulness of a transaction and is not notice of an adverse claim. However, a person who knows that a representative has transferred a financial asset or interest therein in a transaction that is, or whose proceeds are being used, for the individual benefit of the representative or otherwise in breach of duty has notice of an adverse claim.

                (c) An act or event that creates a right to immediate performance of the principal obligation represented by a security certificate or sets a date on or after which the certificate is to be presented or surrendered for redemption or exchange does not itself constitute notice of an adverse claim except in the case of a transfer more than:

                (1) one year after a date set for presentment or surrender for redemption or exchange; or

                (2) six months after a date set for payment of money against presentation or surrender of the certificate, if money was available for payment on that date.

                (d) A purchaser of a certificated security has notice of an adverse claim if the security certificate:

                (1) whether in bearer or registered form, has been indorsed “for collection” or “for surrender” or for some other purpose not involving transfer; or

                (2) is in bearer form and has on it an unambiguous statement that it is the property of a person other than the transferor, but the mere writing of a name on the certificate is not such a statement.

                (e) Filing of a financing statement under Chapter 9 is not notice of an adverse claim to a financial asset.

                Amended by Acts 1995, 74th Leg., ch. 962, Sec. 1, eff. Sept. 1, 1995.

              • #3349
                Christian James
                Participant

                  Texas Business Code Chapter 8 Sec. 8.106. CONTROL. (a) A purchaser has control of a certificated security in bearer form if the certificated security is delivered to the purchaser.

                  (b) A purchaser has control of a certificated security in registered form if the certificated security is delivered to the purchaser and:

                  (1) the certificate is indorsed to the purchaser or in blank by an effective indorsement; or

                  (2) the certificate is registered in the name of the purchaser, on original issue or registration of transfer by the issuer.

                  (c) A purchaser has control of an uncertificated security if:

                  (1) the uncertificated security is delivered to the purchaser; or

                  (2) the issuer has agreed that it will comply with instructions originated by the purchaser without further consent by the registered owner.

                  (d) A purchaser has control of a security entitlement if:

                  (1) the purchaser becomes the entitlement holder;

                  (2) the securities intermediary has agreed that it will comply with entitlement orders originated by the purchaser without further consent by the entitlement holder; or

                  (3) another person has control of the security entitlement on behalf of the purchaser or, having previously acquired control of the security entitlement, acknowledges that it has control on behalf of the purchaser.

                  (e) If an interest in a security entitlement is granted by the entitlement holder to the entitlement holder’s own securities intermediary, the securities intermediary has control.

                  (f) A purchaser who has satisfied the requirements of Subsection (c) or (d) has control, even if the registered owner in the case of Subsection (c) or the entitlement holder in the case of Subsection (d) retains the right to make substitutions for the uncertificated security or security entitlement, to originate instructions or entitlement orders to the issuer or securities intermediary, or otherwise to deal with the uncertificated security or security entitlement.

                  (g) An issuer or a securities intermediary may not enter into an agreement of the kind described in Subsection (c)(2) or (d)(2) without the consent of the registered owner or entitlement holder, but an issuer or a securities intermediary is not required to enter into such an agreement even though the registered owner or entitlement holder so directs. An issuer or securities intermediary that has entered into such an agreement is not required to confirm the existence of the agreement to another party unless requested to do so by the registered owner or entitlement holder.

                  Amended by Acts 1995, 74th Leg., ch. 962, Sec. 1, eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 414, Sec. 2.27, eff. July 1, 2001.

                • #3350
                  Christian James
                  Participant

                    Texas Business Code Chapter 8 Sec. 8.107. WHETHER INDORSEMENT, INSTRUCTION, OR ENTITLEMENT ORDER IS EFFECTIVE. (a) “Appropriate person” means:

                    (1) with respect to an indorsement, the person specified by a security certificate or by an effective special indorsement to be entitled to the security;

                    (2) with respect to an instruction, the registered owner of an uncertificated security;

                    (3) with respect to an entitlement order, the entitlement holder;

                    (4) if the person designated in Subdivision (1), (2), or (3) is deceased, the designated person’s successor taking under other law or the designated person’s personal representative acting for the estate of the decedent; or

                    (5) if the person designated in Subdivision (1), (2), or (3) lacks capacity, the designated person’s guardian, conservator, or other similar representative who has power under other law to transfer the security or financial asset.

                    (b) An indorsement, instruction, or entitlement order is effective if:

                    (1) it is made by the appropriate person;

                    (2) it is made by a person who has power under the law of agency to transfer the security or financial asset on behalf of the appropriate person, including, in the case of an instruction or entitlement order, a person who has control under Section 8.106(c)(2) or (d)(2); or

                    (3) the appropriate person has ratified it or is otherwise precluded from asserting its ineffectiveness.

                    (c) An indorsement, instruction, or entitlement order made by a representative is effective even if:

                    (1) the representative has failed to comply with a controlling instrument or with the law of the state having jurisdiction of the representative relationship, including any law requiring the representative to obtain court approval of the transaction; or

                    (2) the representative’s action in making the indorsement, instruction, or entitlement order or using the proceeds of the transaction is otherwise a breach of duty.

                    (d) If a security is registered in the name of or specially indorsed to a person described as a representative, or if a securities account is maintained in the name of a person described as a representative, an indorsement, instruction, or entitlement order made by the person is effective even though the person is no longer serving in the described capacity.

                    (e) Effectiveness of an indorsement, instruction, or entitlement order is determined as of the date the indorsement, instruction, or entitlement order is made, and an indorsement, instruction, or entitlement order does not become ineffective by reason of any later change of circumstances.

                    Amended by Acts 1995, 74th Leg., ch. 962, Sec. 1, eff. Sept. 1, 1995.

                  • #3351
                    Christian James
                    Participant

                      Sec. 8.112. CREDITOR’S LEGAL PROCESS. (a) The interest of a debtor in a certificated security may be reached by a creditor only by actual seizure of the security certificate by the officer making the attachment or levy, except as otherwise provided in Subsection (d). However, a certificated security for which the certificate has been surrendered to the issuer may be reached by a creditor by legal process on the issuer.

                      (b) The interest of a debtor in an uncertificated security may be reached by a creditor only by legal process on the issuer at its chief executive office in the United States, except as otherwise provided in Subsection (d).

                      (c) The interest of a debtor in a security entitlement may be reached by a creditor only by legal process on the securities intermediary with whom the debtor’s securities account is maintained, except as otherwise provided in Subsection (d).

                      (d) The interest of a debtor in a certificated security for which the certificate is in the possession of a secured party, or in an uncertificated security registered in the name of a secured party, or in a security entitlement maintained in the name of a secured party may be reached by a creditor by legal process on the secured party.

                      (e) A creditor whose debtor is the owner of a certificated security, uncertificated security, or security entitlement is entitled to aid from a court of competent jurisdiction, by injunction or otherwise, in reaching the certificated security, uncertificated security, or security entitlement or in satisfying the claim by means allowed at law or in equity in regard to property that cannot readily be reached by other legal process.

                      Added by Acts 1995, 74th Leg., ch. 962, Sec. 1, eff. Sept. 1, 1995.

                    • #3354
                      Christian James
                      Participant

                        TEXAS BUSINESS CODE CHAP 8 Sec. 8.112(e) A creditor whose debtor is the owner of a certificated security, uncertificated security, or security entitlement is entitled to aid from a court of competent jurisdiction, by injunction or otherwise, in reaching the certificated security, uncertificated security, or security entitlement or in satisfying the claim by means allowed at law or in equity in regard to property that cannot readily be reached by other legal process.

                      • #3355
                        Christian James
                        Participant
                        • #3356
                          Christian James
                          Participant

                            (8) “Entitlement order” means a notification communicated to a securities intermediary directing transfer or redemption of a financial asset to which the entitlement holder has a security entitlement.

                            https://statutes.capitol.texas.gov/Docs/CP/htm/CP.37.htm

                          • #4654
                            Brian Peter
                            Participant

                              Christian,

                              I agree that we need to transform the documents and process that the other countries are doing, into U.S. ready documents.

                              I think the top people knowledge wise in the USA group should maybe lead a Zoom call and start figuring out where to begin.

                              Some points I’ve noticed that may be of interest, Ive recently discovered from a teacher that goes by the name of “KL” who seems to have a pretty good grasp on the Constitution, U.S. Corporation, and how all of that ties into a trickery of language clarified in Black’s Law dictionary where it becomes apparent that the entire Constitution is nothing more than a reorganization of debt and the formation of a trust to organize that debt. The pioneers spearheading a lot of the original teachings for all of us here in the U.S. with regards to trust law and the legal fiction stuff were good at understanding the strawman part but failed to understand the CITIZENSHIP part. Which is how we are tricked in court into falling under Article I jurisdiction and victim of the Trading With the Enemy’s Act. Important to avoid this pitfall and stay under Article III jurisdiction by remaining an American National Union State Citizen. I find that some of these nuances and details may be important to be armed with before stepping into a courtroom. Of course we should only be going in as the plaintiff, to call for the private equity hearing, but nonetheless, its important to understand what the common pitfalls can be, especially if you find yourself to be a defendant.

                              Another point I hope a U.S. specialized group can address is that I’ve already signed a Live Birth Treaty with : Russell-Jay: Gould, which does something to neutralize maritime jurisdiction, but more needs to be done to perfect my interest with the strawman trust, which is what I’m here for. I would really like to navigate how to either use or discard this quantum grammar going forward. Or know when or when not to use it.

                              Bottom line is it would be nice for a U.S group to try to keep pace with Darren and their process, however, we need some serious expertise and wisdom from people who’ve seen the pitfalls and errors of the previous teachers, including Turner, to make sure we are well equipped to walk into a court room and really know what we are doing and what to be on the lookout for and aware of when they attempt to use nuance to trick us.

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