Activating Funding Pure Business Trust
Activating Funding Pure Business Trust
Activating Funding Pure Business Trust
ACTIVATING
and
FUNDING
the
Trustees have a fiduciary responsibility to familiarize themselves with this Pure Trust document.
ACTIVATING the Pure Business Trust
The PURE BUSINESS TRUST (Trust) will NOT be valid until it has been activated ...
signed, witnessed and notarized where required.
NOTE: If a situation should arise that would require the Trust to provide protection, and it has not yet
been activated, it will not be able to provide you with any asset protection.
Trustees may be selected and activated for more than one Trust. It is recommended that it be expressly
designated ifthere is to be a division of authority among the Trustees.
NOTE: Although the Contract Trust can lawfully own real property, to maximize the protective benefits
of this program, real property is never held in the Trust.
NOTE: Trustees have a fiduciary responsibility to protect the real property equity owned by the Contract
Trust. A UCC-J lien is therefore filed on the person or entity that owns the legal title of the real property.
When an Investor verbally accepts the offer made by the Creator to irrevocably transfer personal
property (tangible and/or intangible) to the Contract Trust in exchange for Trust Certificates, the
acceptance is based on the Investor's final review and approval of the Trust documents when furnished by
the Creator. Upon approval of the documents, it is the responsibility of the Investor, Creator, Trustee,
ContraTrustr and ProteTrustr to immediately validate the Contract Trust as described in the
ACTIVATION process.
ONCE THE CREATOR HAS APPOINTED THE FIRST TRUSTEE, AND TURNED OVER
CONTROL OF THE TRUST TO THE BOARD OF TRUSTEES, THEY HAVE NO MORE
DUTIES, RESPONSIBILITIES OR OBLIGATIONS REGARDING THE TRUST. THE TRUST
IS NOW FULLY CONTROLLED, MANAGED AND ADMINISTRATED BY THE BOARD OF
TRUSTEES.
The UCC-l lien is the most powerful protective tool available. It is absolutely essential that only the
"equity" in an Investor's personal residence and certain personal property items are transferred into the
TRUST. Equity is an intangible personal property of the Investor. The equity transfer is recorded in a
special Schedule B Minute Order, providing absolute proof that it was the express intentions of the
Investor to transfer the equity of the real property into the Trust.
The Trustees have a fiduciary responsibility to protect all property owned by the Trust, including equity in
real property and certain personal property (vehicles, investments, etc.). To protect equity owned by the
Contract Trust, the Trustees have an obligation to file a UCC-l lien (if necessary) on the person/entity in
whose name the property is legally titled, using the equity property as collateral. The UCC-l lien will be
for an amount approximately 25% greater than the value of the property, which will totally encumber the
property. Should the titled owner of the equity property be sued, and a judgment rendered against them,
the equity property will be totally protected because of the UCC-llien.
VEHICLES
A vehicle is a high liability asset and should not be owned directly by the Contract Trust. Vehicles will
be protected by transferring all equity in the vehicle into the Contract Trust. The Schedule B Minute
Order providing the equitable transfer of ownership to the Contract Trust shall include the year, make,
model and VIN of the vehicle.
BANK ACCOUNTS
When opening a bank account for the Contract Trust, the only item you need to give the bank employee is
the Inver Vivos Trust document. Sign the signature card as "Trust Manager", not Trustee.
SUGGESTION: When opening the Trust bank account, we suggest a NON INTEREST BEARING
account. Because there is no interest being earned, the bank does not have to file tax papers on that
account, which gives the Trust a little more privacy regarding interference from the IRS, even though
every Trust is responsible to file annual taxes (l 041) and pay all lawfully owed tax obligations.
LIFE INSURANCE
The owner of a life insurance policy should always be someone other than the insured, and should
actually be the Contract Trust. Simply request a "Change of Owner" form from your insurance agent and
ask himlher to assist you in completing the forms correctly. This should be done as soon as possible.
This will eliminate the face amount of the policy from being calculated as part of the insured's estate upon
their death. As Owner of the insurance policy, the Contract Trust would pay the insurance premiums.
There is no need for a change of beneficiary.
INVESTMENTS
If an investment (stock, bond, mutual fund, etc.) is being transferred into the Contract Trust Organization
it may require the sale and repurchase of the investment to complete the change of ownership. Change of
ownership should NOT be done if the sale will incur a capital gain. The investment asset should remain
in the name of the current owner, and only the equity of the investment should be transferred to the
Contract Trust, as per a Schedule B Personal Property Equity minute order. This will allow the
investment equity to be protected as part of the collateral in the UCC-llien.
If the investment being transferred into the Trust is currently valued at an amount less than the amount of
the original purchase (no capital gains, only capital loss), the Investor may choose to close the account
and place the funds in the Contract Trust. The Trustee may then reinvest the funds on behalf of the Trust.
NOTE: You cannot transfer assets such as IRA's and tax deferred annuities into the Trust.
REAL PROPERTY
The equity portion of the real estate you own, or are purchasing, is a valuable asset. All present and
future equity in your real property must be transferred to the Trust as part of the exchange for Certificates.
This transfer of equity should be expressly documented in Schedule B. To protect its lawful interest in
the real property equity, for the benefit of the Certificate Holders, the Trustees have a fiduciary
responsibility and obligation to file a UCC-l lien on the titled owners of the property, using the real
property as collateral. The Trust will either be the first or second lien holder, depending on whether or
not there is a mortgage on the property. The UCC-llien must be reinstated every five years. '<,
It is recommended that a separate UCC-l lien is filed for each parcel of real property whose equity has
been transferred into the Trust.
The persons whose names are on the title of the property are recorded on the UCC-l form as the
DEBTORS. Provide their names and addresses in the appropriate spaces. In an effort to maintain the
highest degree of privacy, it is not required to provide social security numbers.
The Trust is the SECURED PARTY. Do not use the letters "TRUST, CL" after the name.
Example: United Group ... not ...United Group, TRUST, CL.
In the space provided for a description of the COLLATERAL (real property) the following words may
be used ...
The following real property, located at ...
a. Property Address.
b. Legal Description of Property.
c. Tax Number, if available.
To secure a personal obligation for one million and nol100 US Dollars ($1,000,000.00).
*** To determine the amount of the lien ... (1) Determine the approximate value of the
property ... (2) Multiply the determined value by 125% ... (3) Deduct the mortgage balance
from the 125% amount.
Example: Approximate Value of Property = $200,000.00
$200,000.00 x 125% = $250,000.00
Mortgage Balance = $100,000.00
$250,000.00 minus $100,000.00 = $150,000.00 (Amount of Lien)
Check the box on the UCC-l form that states this form is to be "recorded."
The TRUST is not be required to provide an EIN when filing a UCC-I. However, if your state does
require the TRUST to provide their EIN ... do it.
A signature is not required by the person filing the UCC-l.
TRUST CERTIFICATES
.:. The Investor exchanges assets in return for Trust Certificates provided by the Creator.
.:. The Creator specifies 100 Certificates per TRUST, as stated in the Trust Indenture .
•:. Named and recorded Certificate Holders are the only ones who receive royalties .
•:. Royalties are disbursed at the sole discretion of the Trustees .
•:. Trustees are under no obligation to disburse royalties .
•:. Certificate Holders receive royalties if and when disbursed by the Trustees .
•:. Royalties are disbursed according to the percentage of total certificates held by each
Certificate Holder. Example: 100 Capital Units specified. Certificate Holder has 10 Units.
Certificate Holder receives 10% of the total royalty distribution .
•:. Certificates may be divided into fractions or decimal percentages of a certificate. Example:
100 Capital Units specified. Eight equal Certificate Holders. Each Certificate Holder has 12-
1/2 or 12.5 certificates, and is entitled to a royalty of 12.5% of the disbursement .
•:. Upon the death of a Certificate Holder, their certificates immediately become null and void
and ownership ofthe certificate is immediately returned to the TRUST .
•:. Trustees have the authority to reissue certificates returned to the TRUST .
•:. The Certificate Holder may transfer their certificates to ANYONE (including Trustees) at any
time, without the consent ofthe Trustees .
•:. When a Certificate Holder wishes to transfer all or any portion of their certificates, for any
reason, the certificates must first be returned to the Trustee, and the Trustee must record the
transaction in the minutes of the TRUST .
•:. Upon the return of certificates to the TRUST, the Trustees will issue new certificates. The
newly issued certificates must include the date of issuance, name of the new Certificate
Holder, Certificate Identification Number, and the number of Certificates apportioned to the
new Certificate Holder. The Trustee must record this information in the minutes of the
TRUST .
•:. Certificates are non-taxable to the new Certificate Holder because they have no determinable
value .
•:. A Trustee MAY OR MAY NOT own or hold Certificates, and a Certificate Holder MAY OR
MA Y NOT BE ELECTED as a Trustee .
•:. Certificate Holders NEVER have any "rights" or "control" concerning the corpus of the
TRUST, the operations ofthe TRUST, and/or the Trustees .
•:. The names of the Certificate Holders shall NEVER be divulged (Oath of Privacy) .
•:. The Trustees are required to maintain a current record of Certificate Holders, including all
information pertinent to the certificates. This record should be kept in a safe place convenient
to the Trustees.
TRUSTEES
.:. A single Investor may be sole Trustee to a TRUST. However, it is recommended that there be
no less than two Trustees to administrate the activities of the TRUST following the death of
the initial Trustee ... although it is perfectly acceptable to have only one Trustee.
.:. The TRUST may function with one Trustee in the event of a Trustee's death, removal or
resignation .
•:. Surviving Trustees have sole authority whether or not to appoint additional Trustee, unless
instructed to maintain a minimum number of Trustees by the Trust Indenture or Minutes .
•;. Trustees are directed solely by the Indenture and Minutes of the TRUST .
•:. Whenever signing ones name on behalf of the TRUST, their signature should ALWAYS be
followed by a coma, and then their title, i.e. "Trustee", "Trust Manager", "President", etc. If
their signature is NOT followed by their title designation, it may be construed that they are
signing as an individual, and not on behalf of the TRUST. Although a technicality, without
designating that they are signing on behalf of the TRUST, they are assuming personal
responsibility for whatever they are signing .
•:. All Trustees should become "ContraTrustrs" directly to the TRUST. The "ContraTrustr
Agreement" is part of the TRUST documents and should be signed when signing the TRUST
documents .
•:. Unless restricted by a minute order, the number of Trustees may be increased as needed .
•:. In the event that all of Trustees suddenly die, resign or are removed, Certificate Holders may
request the court to assign new Trustees. To eliminate the possibility of receiving court
appointed Trustees, an updated list of "Successor Trustees" should AL WA YS be available .
•:. Trustees have total authority to do whatever is necessary to fulfill the goals and objectives of
the TRUST .
•:. To familiarize Successor Trustees with the operations ofthe TRUST, they should be elected to
a "Board of Advisory Trustees" and encouraged to attend TRUST meetings .
•:. Trustees have the authority to make any purchases and establish any contract for an amount of
less than $5,000.00 without a minute order. Purchases and contracts greater than $5,000.00
must be approved by the board of Trustees .
•:. At the discretion of the Trustees, bonds may be required for persons allocated to perform a
special function, such as a fidelity bond being required of a treasurer, payable to the TRUST .
•:. The Trustees have the right to determine and/or limit what type of investments the TRUST
mayor may not participate in. This should be spelled out in the minutes, but not irrevocably.
The Trustees may decide to change/modify/amend the investment faTrustrs at a later date.
What may be a good investment for the TRUST today, may not be in the best interest of the
TRUST at a future date .
•:. Trustees have the right to purchase or sell property for the TRUST. ALL TRUSTEES MUST
SIGN the purchase I sale minute.
MINUTES
.:. Minutes are the lifeblood of a TRUST. They provide the authority upon which the TRUST
functions properly on a daily basis .
•:. The minutes of each meeting should contain the date, time and place the meeting was held .
•:. Minutes should be as detailed as possible, including names, dates, actions, etc .
•:. If a minute is designated "irrevocable" it cannot be changed by present nor successor Trustees.
Irrevocable minutes can only be revoked by the action of a proper Court of Jurisdiction .
•:. All Trustees present at either a "stated" or "special" meeting of the TRUST must sign the
Minutes of the meeting. If a Trustee(s) is attending a meeting telephonically, this should be
duly noted and reflected in the Minutes .
•:. An action taken by the Trustees that is not mentioned in the Trust Indenture must be entered
into the Minutes .
•:. The Minutes must state if a Trustee has been given authority to perform a specific function on
behalf of the TRUST.
.:. The Minutes must state if a Trustee, or third party, has been elected or appointed to fill
commonly accepted business positions, such as president, secretary, treasurer, general
manager, sales manager, etc. These titles provide a more accurate and recognizable
description of their position .
•:. The Minutes shall determine the terms and obligations of the TRUST in the event there is a
need to borrow money. The Minutes shall further stipulate which assets can and cannot be
used as collateral, and under what conditions .
•:. Minutes extending any rights or control to Certificate Holders MAY NOT BE
ENTERED. Any other assertion in these "Guidelines" may be modified, expressly provided
for, or expressly prohibited by Minutes.
MISCELLANEOUS
.:. The name of the TRUST should be used on all official documents and other business
transactions involving liability .
•:. No seal or special mark is required on TRUST documents, although one may be used if
desired .
•:. The TRUST contractually DEMANDS ABSOLUTE PRIVACY. Therefore, any activity of
the TRUST, through the Trustees, should NEVER be made public .
•:. Due to unforeseen circumstances, the TRUST may require the services an attorney. If this
should happen, be aware of the fact that an attorney unfamiliar with common law may invoke
an improper venue on the TRUST, thus doing more harm than good. Trustees should only hire
attorneys who are familiar with common law. This is also true when hiring an accountant for
the TRUST. It is the responsibility of the Trustees to do their due diligence and only hire
professionals who are familiar with the rules and regulations that apply to a TRUST. If the
rules and regulations concerning a TRUST are unfamiliar to them, which will be the case in
most instances, they must be willing to apply themselves to learning said rules and regulations.
POUR-OVER WILL
A WILL is a written instrument used by the court to determine the decedent's wishes. If the deceased has
not personally prepared a Will, one will be provided for them by the State.
The purpose of a Will is to distribute whatever assets of a deceased person owned at the time of their
death, through a legal process called Probate. PROBATE is the court supervised process that is used to
pass property from a decedent to their heirs. Probate is the legal process of proving before a competent
jurisdictional authority that a document offered for official recognition as the Last Will and Testament of
a deceased person, is genuine. The only assets subject to probate are those the deceased owned 100% in
their name. A deceased person who owns no assets/property has no estate, thus eliminating probate.
We recommend each Investor establishes a Pour-Over Will as soon as possible. This Will simply "pours
over" into the TRUST whatever assets/property the decedent personally owned at the time of their death.
Previous Wills
To eliminate any possible confusion regarding your wishes, it is important that you ...
Collect all copies of any previous Wills you may have had written, and destroy them.
If your previous Will was drafted and filed by an attorney, you may need to sign a notarized statement
canceling the Will. Check with your attorney.
Upon the death of an individual who has exchanged their assets into a properly structured Contract Trust
Organization, it is important that no Will surfaces without these steps being taken. Wills are under the
jurisdiction of the court. Any claim by a beneficiary of a Will may result in the asset being taken from the
TRUST through probate. If a previous Will should surface it would be subject to probate and the
interpretation of the courts. It would be the responsibility of the Trustees for the TRUST to prove that it
lawfully owns the assets.
Many people have executed multiple Wills during their lifetime. Some of these Wills may go back many
years, to former marriages, business partnerships, military service, etc. In most instances, these old Wills
are forgotten. However, to prevent any possible problems from previous Wills, prepare a personal
statement denouncing any and all previous Wills ever signed by you or your spouse.
This statement should be signed by all parties to the Will and notarized. One may also choose to record
this statement with the County Recorder (or Clerk of the Court). Federal Rules of Evidence (Rule 9)
dictates that evidence must be made of public record (first) before it can be submitted. It would also be
advisable to run a similar notice in the Legal Notices section of a local newspaper for three consecutive
days. This is considered a public proclamation of your intent.
A copy of the statement should be kept with the Minutes of the TRUST, along with copies of the
newspaper announcement, if ran. This will eliminate the chance of a forgotten or misplaced copy of a
Will that may surface, causing problems for the Successor Trustees. The fact that your statement was
legally notarized and filed in the public records offers a strong legal position against a contrary opinion
form any court.
DECLARATION OF NOTICE AND INTENT
This AFFIDAVIT is the declaration of our (the undersigned parties) instructions as set forth after careful
thought, and is in accordance with our clear wishes.
INTENT: It is our INTENTION to purposely cancel, retract and disavow any and all Wills with a date
prior to the date of this document, even as any such instrument may apply to any family member(s).
Signed: _ Date:
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STATE OF )
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COUNTYOF )
Notary Public
My commission expires _