Saturday, November 30, 2013

BANK

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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