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    UNITED STATES Is A Foreign Corporation To The States of The Union

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    Barbara Rowe
    The document discusses the legal definition and status of foreign and domestic corporations according to common law and statutes. It states that the United States government meets the legal definition of a foreign corporation with respect to individual states, as it is a corporation created under the laws of the District of Columbia rather than any particular state. The document also discusses how corporations interact with and are defined by the laws of different jurisdictions.

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    UNITED STATES Is A Foreign Corporation To The States of The Union

    Uploaded by

    Barbara Rowe
    203 views4 pages
    The document discusses the legal definition and status of foreign and domestic corporations according to common law and statutes. It states that the United States government meets the legal definition of a foreign corporation with respect to individual states, as it is a corporation created under the laws of the District of Columbia rather than any particular state. The document also discusses how corporations interact with and are defined by the laws of different jurisdictions.

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    The document discusses the legal definition and status of foreign and domestic corporations according to common law and statutes. It states that the United States government meets the legal definition of a foreign corporation with respect to individual states, as it is a corporation created under the laws of the District of Columbia rather than any particular state. The document also discusses how corporations interact with and are defined by the laws of different jurisdictions.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    203 views4 pages

    UNITED STATES Is A Foreign Corporation To The States of The Union

    Uploaded by

    Barbara Rowe
    The document discusses the legal definition and status of foreign and domestic corporations according to common law and statutes. It states that the United States government meets the legal definition of a foreign corporation with respect to individual states, as it is a corporation created under the laws of the District of Columbia rather than any particular state. The document also discusses how corporations interact with and are defined by the laws of different jurisdictions.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 4

    UNITED STATES is a foreign corporation to the states of the union.

    19 C.J.S. Corporations § 953 Definition of foreign corporation


    A foreign corporation is one that derives its existence solely from the laws of another state, government, or
    country and the term is used indiscriminately, sometimes in statutes, to designate either a corporation created
    by or under the laws of another state or a corporation created by or under the laws of a foreign country. 1

    A corporation incorporated in a United States possession is foreign, not domestic. 2


    At common law, a corporation may be deemed a person, 3

    and statutes providing that corporations are deemed persons include foreign corporations within the definition
    of person. 4

    Generally, the status of a corporation as either foreign or domestic is determined solely by the place of its
    origin, without reference to the residence of its stockholders, 5

    or incorporators, 6
    or the place where its business is transacted. 7

    However, by express enactment, a corporation, a majority of whose stock is held by aliens, is, for some
    purposes, deemed to be a foreign corporation. 8

    On the other hand, a domestic corporation does not become a foreign corporation merely by accepting from
    another state a grant of the right to own property and to transact business in such other state. 9

    Federal corporations. While there is authority that a federal corporation operating within a state is considered a
    domestic corporation rather than a foreign corporation, 10

    the creation and organization of a corporation by an Act of Congress does not preclude such corporation from
    being a "foreign corporation" as recognized by a state venue statute, which expressly includes "a corporation
    created by or under the law of any other government." 11

    The United States government is a foreign corporation with respect to a state. 12

    Page 1|4
    28 U.S. Code § 3002 – Definition, 15, A
    United States.
    (15) “United States” means—
    (A) a federal corporation;
    (B) an agency, department, commission, board, or other entity of the United States; or
    (C) an instrumentality of the United States.

    The United States is a District of Columbia corporation.

    In Volume 20: Corpus Juris Sec. § 1785 we find "The United States government is a foreign corporation with
    respect to a State" (see: NY re: Merriam 36 N.E. 505 1441 S. 0.1973, 14 L. Ed. 287 Since a corporation is a
    fictitious "person" (it cannot speak, see, touch, smell, etc.), it cannot, by itself, function in the real world. It
    needs a conduit, a transmitting utility, a liaison of some sort, to "connect" the fictional person, and fictional
    world in which it exists, to the real world.

    YOU are the transmitting utility.


    The FIRST M. LAST all caps name listed on the Birth Certificate.
    FIRSTNAME (space) MIDDLEINITIAL. (space) LAST
    JOHN M. DOE signature is the transmitting utility. this is an example.

    Page 2|4
    1. N.Y.—Home Owners' Loan Corp. v. Barone, 164 Misc. 187, 298 N.Y.S. 531 (Sup 1937).
    Okla.—Magna Oil & Refining Co. v. Uncle Sam Oil Co., 1921 OK 79, 81 Okla. 8, 196 P. 142 (1921).
    2. Minn.—Hutchinson Technology, Inc. v. Commissioner of Revenue, 698 N.W.2d 1 (Minn. 2005).
    3. U.S.—Magna Oil & Refining Co. v. White Star Refining Co., 280 F. 52 (C.C.A. 3d Cir. 1922).
    4. W. Va.—Quesenberry v. People's Bldg., Loan & Sav. Ass'n, 44 W. Va.512, 30 S.E. 73 (1898).
    5. U.S.—Philippine Sugar Estates Development Co. v. U.S., 39 Ct. Cl. 225, 1903 WL 815 (1904).
    Wash.—Hastings v. Anacortes Packing Co., 29 Wash. 224, 69 P. 776 (1902).
    6. Ga.—Rogers v. Toccoa Elec. Power Co., 163 Ga. 919, 137 S.E. 272 (1927).
    7. Okla.—Magna Oil & Refining Co. v. Uncle Sam Oil Co., 1921 OK 79, 81 Okla. 8, 196 P. 142 (1921).
    Administrative offices
    Location of corporate administrative offices in particular jurisdiction was not the same as being created or
    organized within that jurisdiction for purposes of establishing nationality of the corporation.

    U.S.—Compagnie Financiere De Suez et de L'Union Parisienne v. U. S., 203 Ct. Cl. 605, 492 F.2d 798
    (1974).
    8. Wash.—Hastings v. Anacortes Packing Co., 29 Wash. 224, 69 P. 776 (1902).
    9. U.S.—Philippine Sugar Estates Development Co. v. U.S., 39 Ct. Cl. 225, 1903 WL 815 (1904).
    Ohio—Lander v. Burke, 65 Ohio St. 532, 63 N.E. 69 (1902).
    Certificate of qualification
    Obtaining a certificate of qualification from the Secretary of State to conduct business within a state does not
    suffice to transform a foreign corporation into a de facto domestic one, nor would it even obligate a foreign
    corporation to govern itself in accordance with state law.

    Cal.—Investors Equity Life Holding Company v. Schmidt, 233 Cal. App. 4th 1363, 183 Cal. Rptr. 3d 219
    (4th Dist. 2015).
    10. Ala.—Ex parte’ First Alabama Bank of Montgomery, N.A., 461 So. 2d 1315 (Ala. 1984).
    Pa.—Com. v. First Pennsylvania Overseas Finance Corp., 425 Pa. 143, 229 A.2d 896 (1967).
    11. N.C.—TD Bank, N.A. v. Crown Leasing Partners, LLC, 224 N.C. App. 649, 737 S.E.2d 738 (2012).
    12. N.Y.—In re Merriam's Estate, 141 N.Y. 479, 36 N.E. 505 (1894), aff'd, 163 U.S. 625, 16 S. Ct. 1073, 41 L.

    Ed. 287 (1896).

    Page 3|4
    28 U.S. Code § 1746
    Wherever, under any law of the United States or under any rule, regulation, order, or requirement made
    pursuant to law, any matter is required or permitted to be supported, evidenced, established, or proved by the
    sworn declaration, verification, certificate, statement, oath, or affidavit, in writing of the person making the
    same (other than a deposition, or an oath of office, or an oath required to be taken before a specified official
    other than a notary public), such matter may, with like force and effect, be supported, evidenced, established,
    or proved by the unsworn declaration, certificate, verification, or statement, in writing of such person which is
    subscribed by him, as true under penalty of perjury, and dated, in substantially the following form:

    (1) If executed without the United States: “I declare (or certify, verify, or state) under penalty of perjury under
    the laws of the United States of America that the foregoing is true and correct. Executed on (date).
    (Autograph)”.
    [This is Lawful and Dejure of the Constitutional Republic]

    (2) If executed within the United States, its territories, possessions, or commonwealths: “I declare (or certify,
    verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date).
    (Autograph)”.
    [This is Legal and Defacto of the Corporation UNITED STATES now dba WHITE HOUSE INC.]

    (Added Pub. L. 94–550, § 1(a), Oct. 18, 1976, 90 Stat. 2534.)

    Page 4|4

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