The legal statutory and professional definitions of “bank”, “banking”,
and “banker” used in the United States Code and Code of Federal Regulations are
not those commonly understood for these terms and have made the statutory
definition of “Bank” accordingly:
a.
UCC 4-105 PART 1 “Bank” means a person
engaged in the business of banking,"
b.
12CFR Sec. 229.2 Definitions (e) “Bank” means-"the term bank also includes any person engaged in the business of banking,"
c.
12CFR Sec. 210.2 Definitions. (d)“Bank” means any person
engaged in the business of banking.
d.
The term “person” means a legal fiction
(corporation or trust) construct such as PATRICIA A MORRIS transmitting
utility.
e.
TITLE 12 Sec. 1813. -Definitions of Bank and Related
Terms. (1) Bank. - The term
"bank" - (A) "means any
national bank, State bank, and District bank, and any Federal branch and
insured branch;"
f.
Black's Law Dictionary, 5th Edition, page 133,
defines a “Banker” as: "In
general sense, person that engages
in business of banking. In narrower meaning, a private person…; who
is engaged in the business of banking without being incorporated.
Under some statutes, an individual banker, as
distinguished from a "private banker", is a person who, having
complied with the statutory requirements, has received authority from the state
to engage in the business of banking, while a private banker is a person engaged in banking without having any
special privileges or authority from the state.”
g.
“Banking'”- Is partly and optionally defined as "The business of issuing
notes for circulation ....., negotiating bills."
h.
Black's Law Dictionary, 5th Edition, page 133,
defines “Banking”: The business
of banking, as defined by law and custom, consists in the issue of notes
intended to circulate as money…
i.
And defines a “Banker’s Note” as: "A commercial instrument resembling a bank
note in every particular except that it is given by a private banker or unincorporated
banking institution."
j.
"In the
absence of a statutory definition, courts give terms their ordinary meaning.” Bass, Terri L. v. Stolper, Koritzinsky,
111 F.3d 1325, 7thCir. Apps. (1996).
k.
As the U.S. Supreme Court noted, “We have stated time and again that courts must
presume that a legislature says in a statute what it means and means in a
statute what it says there.” See, e.g., United
States v. Ron Pair Enterprises, Inc., 489 U.S. 235, 241-242 (1989); United
States v. Goldenberg, 168 U.S. 95, 102 -103 (1897).
We, the people, are banks! So, to whom do
we make these “Accept for Values” out to? The way I see it, these codes said
Treasury department is to settle the debts. However, the IRS is the accounting
and collection department of the Treasury Department. Let us see what the IRS
has to say.
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