Lords Trustees Podcast 2

The Power of Common Law Unincorporated Business Trust Organizations

Lords Trustees Podcasts are segmented into 2 portions. First is a presentation on metaphysical studies, followed by a presentation in applying the metaphysical precepts to private living. For those that prefer to listen, there is a video of the podcast is at the beginning of each post. Readers may scroll down to find the notes of each podcast, posted below the video. Enjoy!

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Video Podcast #2

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Metaphysics Portion

Genesis 3

Together with the allegories recorded in Genesis 1 and 2, the following four—fall of man, Cain and Abel, Noah and the Flood, and the Tower of Babel—tell how man lost an awareness of his divine heritage, of his experience in functioning apart from God, and of his efforts to reach toward Him. Tonight, we cover the fall of man from the Garden of Eden.

Fall of Man—Genesis 3

There is a question in the mind of man as to why, being created a spiritual being after the image and likeness of God, he should know limitation. The 3rd chapter of Genesis purports to answer this by relating how Adam and Eve disobeyed God and were driven from the Garden of Eden. In the Garden they were given all they could desire or need, but Jehovah God commanded them not to eat of the tree of the knowledge of good and evil, adding, “for in the day that thou eatest thereof thou shalt surely die” (Gen. 2:17). Man cannot live to himself alone. He must function in harmony with Jehovah God, which makes it mandatory that he obey certain divine laws. These are made known to him when he listens to the Lord. However, like his Creator, man has free will and, therefore, must decide for himself alone whether he will hearken to the inner voice of Spirit or yield to the outer voice of the serpent.

The serpent represents the sense consciousness. It may also be called desire, sensation, or the activity of life in external manifestation apart from the divine source of life. We are all subject to temptations presented by the sense consciousness. They come not once but daily and find a vulnerable spot in feeling nature (Eve). Thus, the serpent addressed Eve:

Yea, hath God said, Ye shall not eat of any tree of the garden? And the woman said unto the serpent, Of the fruit of the trees of the garden we may eat but of the fruit of the tree, which is in the midst of the garden, God hath said, Ye shall not eat of it, neither shall ye touch it, lest ye die. And the serpent said unto the woman, Ye shall not surely die for God doth know that in the day ye eat thereof, then your eyes shall be opened, and ye shall be as God, knowing good and evil. And when the woman saw that the tree was good for food, and that it was a delight to the eyes, and that the tree was to be desired to make one wise, she took of the fruit thereof, and did eat; and she gave also unto her husband with her; and he did eat (Gen. 3:1-6).

The cardinal sin is eating of the forbidden fruit and knowing good and evil. “If therefore thine eye be single, thy whole body shall be full of light” (Matt. 6:22), said Jesus. Knowing good only is necessary if we are to express good only. When we are disobedient to the divine command and appropriate the fruit of evil, it will inevitably come into manifestation. Why do we yield to the Tempter? The answer is that what is offered appears to the appetite, the sensuous nature, and the desire for worldly wisdom.

Scripture states that “the serpent was more subtle than any beast of the field which Jehovah God had made” (Gen. 3:1). The temptations of the carnal nature are ingenious indeed. We think we can pamper this, that, and the other appetite and “get by with it.” “Ye shall not surely die,” said the serpent, implying that God does not mean what He says; that we can break His law and not suffer the consequences. It was as if the serpent had said, “Come, this is pleasant, and you’ll enjoy it.” So, like Eve, we eat. Moreover, Eve gave the fruit to Adam, and he did eat.

Then the day of reckoning comes. When Adam and Eve heard the voice of Jehovah God, they hid themselves, for, said Adam, “I was afraid, because I was naked” (Gen. 3:10). He was afraid because he was unclothed, unprotected. In obedience to God there is no fear, but in disobedience, fear is born.

The Adamic Covenant, the second of the eight covenants in the Bible, conditions the life of the fallen man. The judgment for disobedience to divine law is severe indeed. First the serpent is cursed: “Upon thy belly shalt thou go, and dust shalt thou eat all the days of thy life” (Gen. 3:14). The sense consciousness (the serpent) is ever the cause of man’s downfall. To Adam the verdict was, “cursed is the ground for thy sake; in toil shalt thou eat of it all the days of thy life ... in the sweat of thy face shalt thou eat bread” (Gen. 3:17, 19). To Eve, Jehovah God said, “I will greatly multiply thy pain ... thy desire shall be to thy husband, and he shall rule over thee” (Gen. 3:16). Death was the final penalty: “For dust thou art, and unto dust shalt thou return” (Gen. 3:19).

Man’s disobedience to divine law is the underlying cause of his suffering. God provides all good for him, but he brings labor, pain, and death upon himself. The tree of life, which is in the midst of the Garden and of which he should eat, is guarded by the Cherubim and a “flame of a sword which turned every way, to keep the way of the tree of life” (Gen. 3:24). In his fallen state man cannot eat of this tree.

Who shall ascend into the hill of Jehovah?
And who shall stand in his holy place?
He that hath clean hands and a pure heart.
Who hath not lifted up his soul unto falsehood.
And hath not sworn deceitfully
   — (Psalms 24:3, 4).

All great spiritual teachers insist that we must be righteous, and they tell us how to attain righteousness. In The Revelation of John, John sees man again eating of the tree of life whose leaves are “for the healing of the nations” (Rev. 22:2).

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Living In The Private

The Power of Common Law Unincorporated Business Trust Organizations

Introduction

A Common Law Unincorporated Business Trust Organization (UBTO) is a powerful and flexible structure that offers numerous advantages for business owners, investors, and beneficiaries. Rooted in the principles of common law, these trusts provide robust protections and benefits in areas such as contract law, banking, court proceedings, creditor relations, and tax relief. This article explores the key aspects of UBTOs, highlighting their strengths and the advantages they offer in maintaining anonymity and protecting property.

Key Points of a Common Law UBTO

1. Foundation in Contract Law

   • UBTOs are established through a trust agreement, a legally binding contract between the grantor (creator of the trust), trustees (managers of the trust), and beneficiaries (those who benefit from the trust). This agreement outlines the terms and conditions under which the trust operates.

   • The trust agreement is governed by common law principles, ensuring flexibility and adaptability to meet the specific needs of the parties involved¹.

2. Strengths in Banking and Financial Management

   • UBTOs can open and manage bank accounts, facilitating smooth financial transactions and management.

   • Banking resolutions, which are formal documents authorizing specific individuals to act on behalf of the trust, are crucial for maintaining proper financial oversight and accountability².

3. Court and Creditor Protections

   • One of the significant advantages of a UBTO is its ability to shield assets from creditors. By separating legal ownership (held by the trustee) from beneficial ownership (held by the beneficiaries), the trust can protect assets from being seized in legal disputes³.

   • Courts generally respect the structure of UBTOs, provided they are properly established and managed according to the trust agreement and relevant laws⁴.

4. Tax Relief and Efficiency

   • UBTOs can offer tax advantages, such as deferring taxes on income generated within the trust or reducing estate taxes upon the death of the grantor⁵.

   • Proper tax planning and compliance are essential to maximize these benefits, often requiring the expertise of legal and financial professionals.

5. Anonymity and Property Protection

   • UBTOs provide a high level of confidentiality, as the trust itself, rather than the individual beneficiaries, holds legal title to the assets. This anonymity can protect the privacy of the parties involved and reduce exposure to public scrutiny.

   • Property held in trust is safeguarded from personal liabilities, ensuring that beneficiaries can enjoy the benefits without risking their assets.

Key Players in a UBTO

1. Grantor

   • The grantor is the individual or entity that creates the trust and transfers assets into it. They set the terms of the trust agreement and appoint the trustee.

2. Trustee

   • The trustee is responsible for managing the trust’s assets and ensuring that the terms of the trust agreement are followed. They have a fiduciary duty to act in the best interests of the beneficiaries.

3. Beneficiaries

   • Beneficiaries are the individuals or entities entitled to receive benefits from the trust. They hold beneficial ownership, meaning they have the right to enjoy the trust’s assets and income.

4. Authorized Representatives

   • Authorized representatives, such as attorneys-in-fact or contracted agents, can act on behalf of the trust in specific matters, providing additional flexibility and expertise.

Trust Operations and Management

1. Meetings and Minutes

   • Regular meetings of the trustees and authorized representatives are essential for effective trust management. Minutes of these meetings should be recorded to document decisions and actions taken.

2. Banking Resolutions

   • Banking resolutions authorize specific individuals to manage the trust’s bank accounts and financial transactions, ensuring proper oversight and accountability.

3. Secretary and Manager Roles

   • The secretary is responsible for maintaining trust records and documentation, while the manager oversees the day-to-day operations of the trust.

The Trust as a Contract

1. Key Elements of the Trust Contract

   • The trust agreement must clearly outline the terms and conditions, including the roles and responsibilities of the grantor, trustee, and beneficiaries.

   • It should specify the assets held in trust, the distribution of income and principal, and the procedures for amending or terminating the trust.

2. Funding and Growing the Trust

   • Proper funding of the trust is essential for its success. This can include transferring assets such as real estate, investments, and cash into the trust.

   • Growing the trust involves prudent management of its assets, including investment strategies and reinvestment of income to increase the trust’s value for the beneficiaries.

Conclusion

A Common Law Unincorporated Business Trust Organization offers a robust and flexible structure for managing and protecting assets. With its strengths in contract law, banking, court protections, creditor relations, and tax relief, a UBTO provides significant advantages for business owners and investors. By maintaining anonymity and safeguarding property, these trusts ensure that beneficiaries can enjoy the benefits without risking their assets. Properly established and managed, a UBTO can be a powerful tool for achieving financial security and privacy.

Additional Links for information

¹: Understand Contract Law and You Win. ²: Business Trusts 101: What Entrepreneurs Should Know. ³: The Common Law Corporation: The Power of the Trust. ^{4: Functions of Trust Law:}