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COMMERCIAL LAW AND THE UNIFORM COMMERCIAL CODE (UCC) INSTRUCTIONS 0.5.

Mon, 05/12/2008 – 21:26 — Arthur Cristian

COMMERCIAL LAW AND THE UNIFORM COMMERCIAL CODE (UCC) INSTRUCTIONS 0.5.

[Note: See Original Word Document Attached At Bottom Of This Page]

CONTENTS:

1. Under the Laws of Commerce, Truth is Sovereign
2. An Unrebutted Affidavit Stands as Truth
3. Requirements for a Valid Affidavit
4. All Rights Reserved Without Prejudice
5. The Notary Certificate of Default Method: VERY EFFECTIVE!

Related articles: 1. Affidavit of Material Facts (example statement to make in rebuttal of a claim of tax liability)

Related articles: Uniform Commercial Code (UCC)

In addition to defrauding the People by using “Words of Art” to change the meanings of words, the IRS also uses the Uniform Commercial Code (U.C.C.) as a tool of extortion to steal your substance under the guise of law. The Legislative History of the Federal Tax Lien Act of 1966, P.L. 89-719, explains that the entire taxing and monetary systems were placed under the Uniform Commercial Code. The U.C.C. is the code that regulates all negotiable instruments.

It was previously called the Law Merchant and the Negotiable Instrument Law. The U.C.C. has been grossly abused by the IRS. It is essential that we understand how the UCC operates in order to have the upper hand in our dealings with the IRS. The essential elements of the Commercial Law are good, being based upon:

1. Good faith action.
2. Clean hands doctrine.
3. Fair business practices.
4. Full disclosure.
5. Duty of care.
6. Just compensation.
7. Equal protection of the law.
8. Mercy.
9. Grace.1.

Under the Laws of Commerce, Truth is Sovereign

The foundation of the Uniform Commercial Code (U.C.C.) is Commercial Law. The foundation of Commercial Law is based upon certain universal, eternally just, valid, moral precepts and truths.

The basis of Commercial Law is the Law of Exodus (i.e. The 10 Commandments) of the Old Testament and Judaic (Mosaic) Orthodox Hebrew Commercial law. The Laws of Commerce have remained unchanged for at least six thousand years and form the basis of western civilization, if not all nations. This law of commerce therefore applies universally throughout the world.

Real Commercial Law is non-judicial and is prior and superior to, the basis of, and cannot be set aside or overruled by the statutes of any government, legislature, governmental or quasi-governmental agencies, courts, judges, and law enforcement agencies, which are under an inherent obligation to uphold said Commercial Law. Commercial Law is a “War of Truth” expressed in the form of an intellectual weapon called an Affidavit.

An Affidavit is merely a written list of facts or truths signed under penalty of perjury and usually notarized. The person composing and signing an affidavit is called the “affiant”. It is “survival of the fittest” where the last unrebutted stands triumphant.

In the Laws of Commerce, the eternal and unchanging principle of the law are:

1. A workman is worthy of his hire. Authorities: Exodus 20:15; Lev. 19:13; Matt. 10:10; Luke 10:7; II Tim. 2:6. Legal maxim: “It is against equity for freemen not to have the free disposal of their own property.

2. All are equal under the law (God’s Law-Moral and Natural Law). Authorities: Exodus 21:23-25; Lev. 24:17-21; Deut. 1:17, 19:21; Matt. 22:36-40; Luke 10:17; Col. 3:25. Legal maxims: “No one is above the law.”; “Commerce, by the law of nations, ought to be common, and not to be converted into a monopoly and the private gain of a few.”

3. In commerce, truth is sovereign. See Exodus 20:16; Psalms 117:2; John 8:32; II Cor. 13:8. Legal maxim: “To lie is to go against the mind.” Oriental proverb: “Of all that is good, sublimity is supreme.”

4. Truth is expressed in the form of an Affidavit. See Lev. 5:4-5; Lev. 6:3-5; Lev. 19:11-13; Num. 30:2; Matt. 5:33; James 5:12.

5. A matter must be expressed to be resolved. See Heb. 4:16; Phil. 4:5; Eph. 6:19-21. Legal maxim: “He who fails to assert his rights has none.”

6. An unrebutted affidavit stands as truth in commerce. See 1 Pet. 1:25; Heb. 6:13-15. Legal maxim: “He who does not deny, admits.”

7. An unrebutted affidavit becomes a judgment in commerce. See Heb. 6:16-17. Any proceeding in court, tribunal, or arbitration forum consists of a contest, or “duel,” of commercial affidavits wherein the points remaining unrebutted in the end stand as the truth and the matters to which the judgment of the law is applied.

8. He who leaves the field of battle first (does not respond to Affidavit) loses by default. See Book of Job; Matt 10:22. Legal maxim: “He who does not repel a wrong when he can occasions it.”

9. Sacrifice is the measure of credibility. One who is not damaged, put at risk, or willing to swear an oath on his commercial liability for the truth of his statements and legitimacy of his actions has no basis to assert claims or charges and forfeits all credibility and right to claim authority. See Acts 7, life/death of Stephen. Legal maxim: “He who bears the burden ought also to derive the benefit.”

10. A lien or claim, under commercial law, can only be satisfied by one of the following actions. See Gen. 2-3; Matt 4; Revelation. Legal maxim: “If the plaintiff does not prove his case , the defendant is absolved.”

10.1. A rebuttal Affidavit of Truth, supported by evidence, point-by-point.
10.2. Payment.
10.3. Agreement.
10.4. Resolution by a jury according to the rules of common law.

Because truth is sovereign in commerce and everyone is responsible for propagating the truth in all speaking, writing, and acting, all commercial processes function via affidavit certified and sworn on each affiants commercial liability as “true, correct, and complete,” attesting under oath re the validity, relevance, and veracity of all matters stated, and likewise demanded. Usually in written matters, such as on an IRS Form 1040, 8300, etc., voter registration application, driver’s license application, notary form for document certification, application for a Treasury Direct Account, and on nearly every document that those who run the System desire anyone to sign in a commercially binding matter, signature is required under penalty of perjury “true, correct, and complete.” In a court setting, however, testimony (oral commercial affidavit) is stated in the judicial equivalent by being sworn to be “the truth, the whole truth, and nothing but the truth, so help me God.” As well the need for asserting all matters under solemn oath of personal, commercial, financial, and legal liability for the validity of each and every statement, participant must provide material evidence, i.e ledgering/bookkeeping, substantiating that each fact or entry is true, valid, relevant, and verifiable. Without said acceptance of liability and facts provided to support one’s assertions, no credibility is established.

2. An Unrebutted Affidavit Stands as Truth“Court of Appeals may not assume the truth of allegations in a pleading which are contradicted by affidavit.Where affidavits are directly conflicting on material points. It is not possible for the district judge to “weight” the affidavits in order to resolve disputed issues; except in those rare cases where the facts alleged in an affidavit are inherently incredible, and can be so characterized solely by a reading of the affidavit, the district judge has no basis for a determination of credibility.” Data Disc, Inc. v. Systems Tech. Assocs., Inc. 557 F.2d 1280 (9th Cir. 1977) A major shortcoming in Codified Commercial Law that the IRS likes to capitalize on is that an unrefuted claim is presumed to be true. That is why the citizen MUST always and immediately respond to any and all erroneous claims made by the IRS.

According to Commercial Law, the rebuttal must be made in 72 hours from the time of presentment.

The rebuttal for an erroneous tax bill can be as simple as, “I don’t owe this and this is not a true bill of commerce.” One of the necessities of Commercial Law is that all affidavits must be signed and attested to be “true, correct, and complete.” The IRS cannot and does not attest its “presentments” to individuals. When properly utilized, the ultimate advantage in Commercial Law goes to the Sovereign who has the final, unrebuttable truth on his or her side as an affidavit. By understanding the rules that the IRS operates under, it becomes a simple matter to beat them at their own game! Commercial Law is nonjudicial.

That’s how the IRS takes away Citizen’s property without a day in Court. However, Patriots are currently using the non-judicial aspect of the Commercial Law to lien the property of corrupt Government officials who do not uphold their oath and known duty to support the Constitution.The U.C.C. doesn’t acknowledge the sovereignty of the people or the Bill of Rights. It only deals with paper. U.C.C. §1-103.6 is your “recourse” from the U.C.C. into the Common Law and the Bill of Rights . It states that the Code (U.C.C.) must be in harmony with the Common Law , as follows:The Code is complimentary to the Common Law , which remains in force, except where displaced by the code.

A statute should be construed in harmony with the Common Law , unless there is a clear legislative intent to abrogate the Common Law …The code cannot read to preclude [prevent or exclude] a Common Law action.”There is a remedy, within the Uniform Commercial Code that you can use to reserve all of your fundamental and common law rights and remove yourself from the unjust provisions of the U.C.C. and other codes which are contradictory or not in harmony with your rights and justice.

For example, such reservation retains your Common Law right not to be compelled under a commercial agreement that you did not knowingly, voluntarily, and intentionally enter into. Further, the common law is based upon “justice, truth, and reason.”

A reservation of your common law rights also takes you out of the injustice of the absurd “presumptive law” where red is green. Also, by reserving your Common Law rights, you can compel the prosecutor in any case against you to file a valid “verified complaint” in which he would need to bring forth a “party injured by your actions”.

You are also reserving all of your inalienable rights guaranteed by the Bill of Rights , such as not being a witness against yourself, the right to be secure in your person, houses, papers and effects against unreasonable searches and seizures, the right to a jury, the right to not be held for a capital crime without a grand jury indictment, etc.There are three judicially recognized forms of testimony – affidavits, depositions and direct oral examination. Unless facts of any given case are verified by the testimony of a competent witness, a judgment is void and can be vacated at any time. The principle has the same application in administrative as well as judicial forums.

In the event there isn’t a competent witness to verify facts through one of the three recognized forms of testimony, the decision-maker doesn’t have subject matter jurisdiction. No judgment or ruling other than declaring lack of subject matter jurisdiction can be made.There are two essential elements to a case – facts and law. In order to secure a favorable judgment or ruling, the advocate must be able to prove facts of the case and then must prove application of law to whatever facts he can prove. Where tax issues are concerned, the taxman must prove application of taxing and liability statutes to the facts of any given case.

In the event he isn’t able to meet these requirements, he doesn’t have a valid claim.Through the years we have seen a variety of sworn statements people described as affidavits. Unfortunately, most break one or both of the cardinal rules that default affidavits. Affidavits are testimony that set out facts. They cannot state conclusions of law and they cannot be argumentative. If an instrument does either, it doesn’t qualify as testimony, and regardless of what it is called, it doesn’t qualify as testimony by affidavit in a court of law.

Due process in the course of the common law, which governs the American system of jurisprudence, requires facts and law to be established separately. The jury handles the facts of the case and the judge usually handles the law. Only after both are firmly in place can the trier of fact, which is usually a jury, determine application of law to whatever facts are proven in the case.

Is an IRS examination officer a competent witness who has first-hand knowledge of facts that would make him qualified to sign an affidavit? No, examination officers rely on documents produced by and testimony of third parties. In fact, in the context of examination procedural rules published at 26 CFR § 601.105, examination officers are supposed to be impartial; they are prohibited from favoring the government or the taxpayer when making liability decisions.

In the event that they receive a protest from a taxpayer, they must resolve all contested matters of fact and law before proceeding further. The officer can
(1) directly resolve the controversy,
(2) request a national office technical advice memorandum, or
(3) refer the case to the appeals office.

This basic mandatory procedure is reiterated in § 4.10.8 of the Internal Revenue Manual. The only other alternative is to withdraw and/or rescind whatever notice and demand he or she issued.

Essential elements for examination officer consideration are listed in § 4.10.7 of the Internal Revenue Manual.3. Requirements for a valid AffidavitIn order to be a valid, an affidavit must satisfy the following four criteria:

1. Must identify who the affiant is.

2. Must identify who the notary is.

3. All statements made must be based on personal knowledge.

4. Any statements made that are false are subject to penalty of perjury within the jurisdiction of the court that will try the case.

Affidavits cannot and should not make legal arguments. They should stick to facts and avoid law as much as possible. When composing affidavits, make either short, positive statements of fact or negative averments. Place the burden of proof on your opponent. Don’t cit authorities or incorporate materials by reference unless you prepared the referenced material and it is signed and dated. Do not make a statement like, “I am not a taxpayer”— that’s an opinion. Instead state, “I am not in receipt of any document which verifies that I am a taxpayer owing a tax to the treasury”— that’s a fact!

4. All Rights Reserved Without Prejudice

Following is your recourse back into Common and Constitutional Law:

UCC 1-308: http://www.law.cornell.edu/ucc/1/article1.htm#s1-308

(a) A party ( http://www.law.cornell.edu/ucc/1/article1.htm#Party#Party ) that with explicit reservation of rights performs or promises performance or assents to performance in a manner demanded or offered by the other party does not thereby prejudice the rights reserved.

Such words as “without prejudice,” “under protest,” or the like are sufficient.

This “Reservation of Rights” can be exercised by making the following notation above your signature on contracts and agreements and other documents requiring your signature:

“All Rights Reserved, Without Prejudice UCC 1-308”

Or

”Without Prejudice UCC 1-308″

Under the UCC, the effect of reservation is the preservation of whatever rights the person then possesses and prevents the loss of such rights by application of concepts of waiver or estoppel.

Your greatest protection is provided by reserving your rights in writing, preferably on every document you sign.

However, the U.C.C. does state that it is not a requirement that such reservation of rights be written but they must be explicit. Explicit means fully and clearly expressed or demonstrated; leaving nothing implied.

The common debtor Citizen, or someone interested in the rights of American Citizens did not write the Uniform Commercial Code or its predecessors, the Law Merchant or The Negotiable Instrument Law. The history of this Code shows that it was originally created by “barbarians” to codify and give the semblance of legality to “robbery” by the creditors! These documents were written by and for the benefit of creditors, without any “separation of powers” protections, without due process for the debtor, and without respect for any equity the debtor may have invested in property that the creditor may seize XE “ENFORCEMENT:Seize”.

Therefore, it is imperative that you always reserve your rights on all signed documents.

You can view the Uniform Commercial Code yourself on the web at:http://www.law.cornell.edu/ucc/ucc.table.html

The law library should carry two editions of the U.C.C. compiled by two different publishers. The version that is used here and is the easiest to understand is the Anderson version. It is written in plain English.

Older freedom books refer to UCC 1-207 instead of UCC 1-308. UCC 1-207 was repealed in 2004 and is now replaced with UCC section 1-308.

5. The Notary Certificate of Default Method: VERY EFFECTIVE!

read more here:

http://loveforlife.com.au/content/08/05/12/commercial-law-and-uniform-commercial-code-ucc-instructions-05