Presented by Hugh Smith on 11/26/2018 2:00pm
This webinar will be going into some additional specifics regarding what is or isn't to be perceived and fact in our modern world. Our original conversation started during another webinar called, "Stop Being Chattel", whereas this webinar changes the conversation while addressing the research and discovery of assumed name certificates.
Before going further – understand that all information presented during this webinar is that of the presenter/author's personal opinions and is intended for entertainment and educational purposes only. Furthermore, OwnWP content provides generic information only and is in no way a substitute for a qualified legal opinion. The presenter/author (and/or OwnWP) is not a licensed attorney nor the officer of any court. The presenter/author (and/or OwnWP) does not accept any liability for any use or misuse of the information provided in the slides or any subsequent presentation/post thereof.
We'll begin today with a few (OK, maybe more than just a few to overemphasize why there is so much confusion) legal definitions. Then, we will separate the Man/Woman from the "Person" – you'll understand why you may not really be who you think you are. Next, we'll discuss the Assumed Name Certificate (ANC) process and examples.
And finally, we'll answer any remaining questions. We're pretty sure we won't be able to answer all of them as this is a rather different approach to viewing our modern world.
The Legal Definitions of the Words You Use Every Day
So, everything comes down to Commerce. Assuming you can agree to this concept then knowing what the words mean is important if you want to profit. Think of it like a game – Monopoly. If you want to win the game, you need to learn how to play.
The words of the legal system in the United States is intentionally confusing. It’s harder to learn how to play that way.
Note: Hugh resides in Kansas, USA. The details of this particular webinar applies to his personal application of the statutes.
Statutes are laws enacted by the legislature. The Kansas Statutes Annotated (KSA.) is published by the Kansas Revisor of Statutes, but distributed by the Kansas Secretary of State’s office.
- KSA 40-3801(n) “Person” means an individual or a business entity.
- KSA 75-7b01(g) “Person” means an individual or organization.
- KSA 44-401(d) “Person” means any individual, association, partnership or corporation.
- KSA 58-651(g) “Person” means an adult individual, corporation or other legal entity.
- KSA 44-765(a)(1) “Driver” means an individual who operates a motor vehicle which is leased to a licensed motor carrier pursuant to a lease agreement.
KSA 44-765(a)(7) “Person” means any individual, partnership, corporation, limited liability company or any other business entity.
- KSA 8-1,100(g) “person” means an individual, firm, partnership, association, corporation, estate or trust.
- KSA 79-1128(p) “Person” means an individual, estate, trust, partnership, corporation and any other business entity.
- KSA 17-49a01(b) “Person” means an individual, a corporation, a partnership, an association, trust or an organization.
- KSA 21-5111(t) “Person” means an individual, public or private corporation, government, partnership, or unincorporated association.
- KSA 60-5302(f) “Person” means any legal person or entity under the laws of the state of Kansas and the laws of the United States.
- KSA 56-1a101(k) “Person” means a natural person, partnership, domestic or foreign limited partnership, trust, estate, association, corporation, custodian, nominee or any other individual or entity in its own or any representative capacity.
- KSA 23-37,102(13) “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government; governmental subdivision, agency, or instrumentality; public corporation; or any other legal or commercial entity.
- KSA 60-228a(b)(3) “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or political subdivision, agency or instrumentality or any other legal or commercial entity.
- KSA 12-2903(b) “State” means a state of the United States and the District of Columbia.
- KSA 56-1a101(l) “State” means a state, territory, or possession of the United States, the District of Columbia or the Commonwealth of Puerto Rico.
- KSA 56a-101(l) “State” means a state of the United States, the District of Columbia, the commonwealth of Puerto Rico, or any territory or insular possession subject to the jurisdiction of the United States.
- KSA 60-228a(b)(4) “State” means a state of the United States, the district of Columbia, Puerto Rico, the United States Virgin islands, a federally recognized Indian tribe or any territory or insular possession subject to the jurisdiction of the United States.
- KSA 23-3802(8) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term includes a federally recognized Indian tribe or nation.
- KSA 22-4207(c) “State” includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory of the United States.
- KSA 75-6102(a) “State” means the state of Kansas and any department or branch of state government, or any agency, authority, institution or other instrumentality thereof.
Words of Art
words of art
n. 1) specialized language with meaning peculiar to a particular profession, art, technical work, science or other field of endeavor. 2) jargon known only to people who specialize in a particular occupation. ~ Law.com
- License [any form of]
- Certificate [any form of]
- Personal [i.e. property, income]
- Apply [i.e. an application]
- Human Being
Are You a Legal Person?
Who created that legal person you thought was you?
Legal Person – legal definition – noun when used in “law”:
An individual, company, or other entity that has legal rights and is
subject to obligations.
Assumed Name Certificate
What is in a name? You have probably seen names formatted as first, middle, last, as well as, surname, given name. From a legal standpoint, it doesn’t matter if the names are all uppercase, upper and lower, or all lowercase. Realistically in any legal documentation punctuation and grammar don’t even play a part.
Why the Assumed Name Certificate?
- It puts your person in compliance.
- There are no reporting requirements
- It gives your person legal standing meaning it can stand any action in court.
Where to Apply for an ACN
The short answer is Minnesota. Why Minnesota?
Minnesota is the only state that allows you to properly register the name. All other states want to make you the “name owner”, instead of “name holder”. Another example of Word of Art to trip you up.
Remember, you didn’t create the name, the state did, so you don’t own it. It was created for you to use in commerce. That First Middle Last name is the “token” they gave you to operate in their commercial/legal game. Kind of like you being the car or the top hat while playing Monoploy.
Are you that token? Only if you agree to be, but in reality, you are not. Unfortunately, the government’s not going to keep you from being in error, it is not their job. Perhaps more importantly, that’s your responsibility.
Presenter Bio: Hugh Smith
Hugh Smith has been doing freelance work and building his own successful web development (among other things) business for years. Hugh is not from Australia. The Oz comes from Hugh's roots in Kansas, and though he also says that he is not a wizard, we're here to tell you that this is one man behind the curtain you're going to want to pay attention to.