Take Control Of The Name

With An Assumed Name Certificate

If you are ever so unfortunate as to be dragged into a government courtroom on a traffic issue (or any issue for that matter), one of the first things you should notice is the attention given to getting you to admit to having a FIRST and LAST name. The very same first and last name that adorns the state’s legal papers of complaint or summons wherein THE PEOPLE OF THE STATE OF [WHEREVER] are being invoked as the fictitious plaintiff in the matter and the NAME OF THE PERSON (stylized in all capital letters) is the defendant. 

The deeper one becomes involved in a legal matter, despite everything that you may have learned about law and rebutting or neutralizing court procedure which has apparently failed, the more one begins to notice that everything of substance happening seems to hinge upon the one overriding fact that one has admitted to being one and the same with the NAME captioning the matter. Despite the fact that the NAME represents what we now have come to learn is an estate created by the government on paper in that NAME and not the flesh and blood man or woman who has a similar name,  no matter how many times one tries to deny being or having anything to do with that estate NAME (which is a separate and distinct legal entity from one’s capacity as a living man or woman), the court will not relent to our objections that what is known as a joinder has been created by our superficial use of that NAME in the present matter.

Just how that NAME became viewed by courts to be an estate that the courts administer is a story in itself that exceeds the limitations of the present article and is best covered in a separate article. Suffice it to say that the court uses (or should I say abuses) its power of assumption when it unilaterally determines, without full disclosure, that the person standing before the court as the defendant and the NAME are one and the same.  That is because prima facie evidence — in the case of someone having handed over their driver license to an officer without first qualifiying that it is for competency purposes only and not for identification purposes — can be used to establish a matter before a court. In this case that evidence should be considered to be hearsay, since the officer, unless he knows the person from previous encounters and can speak from firsthand knowledge, has no idea who the person is beyond what the government issued documentation states. This is why one should always state when handing over a driver license that it is for competency purposes and not for identification.

Which brings up the point that the legal system routinely uses presumption and hearsay in order to convict 99% of the victims who enter their courtrooms. And here it might be instructive to become clear on just what hearsay is. According to Black’s Law Dictionary, Fourth Edition, hearsay is:


In the course of my encounter with these courts, it became very frustrating when I would come upon information that was helpful in explaining the undisclosed material facts that the court was using to maintain jurisdiction over my person, but whenever I attempted to explain this to the court, it fell on deaf ears! This happened during the course of three back-to-back cases with which I was faced. Afterward, I was determined to find out why this was so, and my research lead me to some startling information that not only made sense, but seemed to be effective for the person explaining the information.

The man whose information I came across called himself Douglas Joseph. His surname being Herich. He pointed out that a surname, despite what others may say, is not a last name, but rather it comes over or above all other names to identify the familial roots of the person.  Therefore, when written out, as it is on an American passport, it would be written as Herich, Douglas Joseph. The passport even identifies the family name as a “surname.” Therefore it is important to note that a passport exhibits no last name! Only a surname. The prefix sur- meaning that it is “over, above, upon, beyond;” and as the prefix sur- indicates, it comes before the given name. Readers, who are encouraged to do their own due diligent research in order to establish confidence in the information, can begin doing so using the following video link. For better comprehension, we suggest you go through the video slowly and take notes (i.e., transcribe the material so that you can review it later in black and white) to see and judge for yourself whether or not it makes any sense.

https://www.youtube.com/watch?v=Ng1lLOMwFRY
Knowing the Pitfalls When You have Registered the Legal Name
Gail of Gaia
Published on Oct 16, 2017  Time: 59:25

Rather than go into an historical accounting of how this came about, I ask that readers simply, for the time being, accept the following premises as true. You can do your own research of these facts later to satisfy your personal opinion of the truthfulness of the information. A few readers may have already come across some of this information before, but were unsure of its veracity. Let me assure you that when you do the research, you will learn that it’s the only thing that makes any sense. That and the fact that others within my personal knowledge have also verified the truthfulness of this opinion from their own firsthand experience going up against the government.

There are various accounts floating about on the Internet concerning how the government got control of the NAME they use on their documentation. Some of these accounts concern the Vatican’s Papal Bull claims, under international law, on the mind, body, and soul of all the peoples of the world through its Public Charitable Trust, and whose legal capacity was ultimately abandoned to the Vatican guardianship after having reached the age of majority for not having reclaimed their rightful status as a living heir to their own estate being held in trust by the government. Some of these accounts claim that the NAME on the person's certificate of birth has been copyrighted by the Vatican, and therefore, whenever someone uses that NAME in the public, they are infringing on the copyright. And that this is one of the undisclosed presumptions that courts use in order to maintain control over the NAME, that they are simply upholding the copyright laws.

Be that as it may, another account asserts that when one's mother signed the certificate of live birth at the hospital, she was agreeing to be viewed as an unwed mother (since her maiden name is used on the certificate and not her married name) and that the State thence became legal guardian of the bastard offspring until it reached the age of maturity and could reclaim its legal inheritance. The birth certificate created by the state and printed on commercial bond paper rather than plain white paper was then used as a pledge on the debt of the United States government to act as a surety for the bonds that the government purchased from the private banking organization known as the Federal Reserve System. 

Whether you buy into one account over the other is not important. What is important is that the NAME is a registered legal entity, and that this is how the courts are maintaining administrative control over it’s legal existence and the estate attached to it. Of course, if this were all there were to this scenario and the government didn’t offer people a legitimate remedy for this situation, then the government could be seen as running a R.I.C.O. (Racketeering Influenced Corrupt Organization) scheme. So the federal government had to supply a remedy for this in order not to break its own policies (statutes or “laws”).

Coming back to the information that Douglas Joseph has to explain this, that remedial action involves providing permission to use the NAME in commerce through what is called an Assumed Name Certificate (ANC), and be able to defend it in court as a man and not as a legal fiction.  As Douglas Joseph explains: “...the first thing you have to understand is what a legal name is. A legal name is only used in the context of commerce. Walmart is a legal name. Bank of America is a legal name. Starbucks is a legal name. All part of commerce, and all registered entities. Who are they registered with? . . . it’s actually the Secretary of State, which is the head of commerce. The Department of Commerce is actually a federal agency. But at the state level, there’s actually a Secretary of State who oversees commerce at the state level. Of course, there’s also a Secretary of State at the federal level.”

Douglas Joseph continues by stating: “If you go to the code books and you look up any code just open the code book and point to it, if they’re referring to whom that law applies, there’s one word they always use. And they only use that one word. Do you know what that word is? ‘Person.’ Which is a corporation, a limited liability company, limited liability partnership, it’s all these things that we all know are businesses.”

If the first and last NAME are an indication of a corporate  person or trade name, and that corporate person is a legal fiction allowed to act in commerce, how can a corporation or trade name get a ticket for driving? It cannot. It has to rely upon an actor to act on its behalf. The actor (you or I, if we’ve agreed to act under that first and last name in commerce by using an Assumed Name Certificate) is not the corporation, but only acts on the behalf of the corporation.

Douglas Joseph then explains the concept of the DBA, or the “doing business as” designation, and what is needed legally in order to provide proof of permission to use that designation. “Every state has a law that you register any name that you use to transact business in that state. . . . Now why is that important? Because the penalty is not a fine of a monetary fine. And it’s not a jail sentence. It’s that if you are sued they’re going to sue that ‘person.’ Right. The person is the first and last name. So if you end up in court what’s the first thing a judge is going to want to establish. Jurisdiction over that ‘person.’ What’s your name. State your full name.”

Douglas Joseph then explains that not every state’s registration of a DBA is the same. There is one state in the Union of fifty states, and one state only, that uses the correct legal language to describe the difference between the legal entity doing business and the actor who acts on that legal entity’s behalf. And that state is the State of Minnesota, and it designates the actor who is “doing business” on behalf of the legal entity as what is called a Name Holder. All the other states call that actor an “owner.” And therein lies the significant difference. If you register the name with the Secretary of State of any other state than Minnesota, you haven’t changed the legal designation of anything and are still held liable as though you were representing that legal entity because you’re viewed by the state as being the owner and not the Name Holder.
 
A note of caution here so that you do not accidently step onto a legal land mine. There was contradictory information I was coming across stating various approaches and using various legal designations. Two of those designations being that of the “registered agent” or “authorized agent.” Do not become entranced by anyone trying to convince you to be the registered or authorized “agent” of the legal entity. You are the Name Holder and/or CEO for that legal entity, but you’re not the registered or authorized agent. The Name Holder designation means that you hold the property that is in possession and which is owned by and held in that NAME. So that property is held in the First and Last name, and you, as Name Holder, control that property, but you don’t own it. In that sense this is similar to a trust where in the capacity of an executor you control the assets of the trust without owning them. Your business entity or estate owns the assets. This keeps you from becoming assumed by the court to be involved in matters of commerce.

So if the government man is going to try and take that property from you, he’s not going to take it from you, he’s going to take it from that legal business entity. And guess what: that legal business entity is registered, and the Name Holder can maintain that name as a separate entity, as a man, from the fictional legal entity NAME in a court action. So, it all goes back to what is the penalty for not properly registering that name so that it shows a difference in legal capacity. Otherwise your “person” becomes unintentionally associated with the legal fiction NAME, and you are held to be the surety by a court to settle the account.

As with all things legal, the devil is in the details. Yet because there are so many details to keep in mind when using this approach, we do not have the space here to go into each and every detail. But we will provide readers with recommended resources for obtaining those details so that you can study them at your leisure. You may need to go over them more than once to make sure they stick in your mind.

If you wish to look into the ANC process for correctly differentiating oneself from the legal fiction NAME in a way that the courts must recognize, you will need to arm yourself with the same knowledge and understanding with which Douglas Joseph armed himself. The details concerning how to go about setting up yourself as the Name Holder by registering the name with the Secretary of State of Minnesota are too many to go into in this brief article. We touch on only a few of the more important concepts with which people need to become aware.

The bulk of the instruction can be found online and downloaded to be read or watched at your leisure. Below are links to videos as well as written instructions that will assist you in getting things set up properly.  There is additional information in each of these links that is vital for your understanding so that you can properly wrap your mind around what is happening and can avoid making any mistakes when dealing with the fictional legal world. When watching any of these videos, it is best to take notes or do a transcription of the video because you will likely sooner or later forget some of the most important aspects of the information. Having these details written down so that you are able to review them whenever necessary to refresh your memory will be very beneficial to the learning process. Please do not take this lightly, because the legal system is hell bent to keep this information out of your hands!

https://www.youtube.com/watch?v=zesy2k4vXZg
Registering the Legal Name [Part 1]
Gail of Gaia
Published on Oct 16, 2017  Time: 1:31:29

https://www.youtube.com/watch?v=YqBT06vH2tU
Registering the Legal Name Part 2
Published on Oct 17, 2017  Time: 1:03:58

https://www.youtube.com/watch?v=3uHv8sqGzWU
Exposing the Big Lie: Governments Are Business Entities, and Their Business Is Deceit!
The Human Frequency
Gabe and Sharon
Published on Apr 2, 2017  Time: 39:55
CONTACT US Sharon Daphna and Gabriel Lazar:  thechembow@gmail.com

https://www.youtube.com/watch?v=FWiTYUB7phI
Get out of the Matrix; a few ways you might not know
Denice Garrou
Published on Dec 4, 2017  Time: 1:50:41
@ 23:00  If [lawsuit paperwork] was made out to You [i.e., the man or woman], it would have surname comma Given Name. They don’t do that. They can’t do that. That’s not part of their world. They only deal in legal fictions. So if you say it [i.e., the legal NAME] is you, well, you’re in big trouble.

On a personal note, I can say that I have registered my legal person’s NAME with the Secretary of State of Minnesota, and have received back the Certificate of Assumed Name as well as the Certificate of Existence and Registration. Registration of the Name has a one time cost of fifty dollars (while the Certificate of Existence, which you are also encouraged to obtain, is a one time cost of fifteen dollars), and is renewable each year without additional costs for up to ten years before the name registration needs to be renewed. But, as I have not had an opportunity to use it yet, so I cannot convey any anecdotal evidence about how this works in reality. Other than to say that when I mentioned this approach to a prosecutor, he confirmed its legal validity, which got my immediate attention! However, there are people who have been using this approach successfully for the past several years who have posted their experiences on the Internet which you can view and use as a guidepost to proper behavior.

If after proper due diligence you find yourself seriously considering doing this, I would encourage you to keep up with Gabe Lazar and Sharon Daphna’s YouTube channel to stay informed. I’m not saying that their opinions on law will always align with yours and mine (they are babes in the woods as far as their knowledge of law is concerned), however they do have an idea how to stay out of trouble with the authorities using the Assumed Name Certificate that is well worth learning about until it becomes second nature to you. They will teach you how to set up your banking account in the business name, so be sure to watch that video and follow their suggestions.  

Gabe and Sharon’s Youtube channel:
https://www.youtube.com/channel/UC9b3AwoGmiWk89OTfcCrswQ

You need to become familiar with their channel and the various subjects that they cover, so I’m not going to make too many viewing recommendation here. The responsibility for obtaining that knowledge is up to you if you are serious about learning how to maintain your new capacity.  I am, however, recommending a couple of their videos below that I found to be very useful in filling in information that may have, in general, not always been clear. Also there are links to application forms and written instructions detailing how to set things up.

https://www.youtube.com/watch?v=3uHv8sqGzWU
Exposing the Big Lie: Governments Are Business Entities, and Their Business Is Deceit!
The Human Frequency   Gabe and Sharon
Published on Apr 2, 2017  Time: 39:55

https://www.youtube.com/watch?v=FWiTYUB7phI
Get out of the Matrix; a few ways you might not know
Denice Garrou
Published on Dec 4, 2017  Time: 1:50:41

State of Minnesota application form to register an ANC:

Instructions on how to negotiate the Minnesota website to file the paperwork to register for the ANC:

Revised instructions to file an Assumed Name Certificate: Uploaded by Herich, Douglas Joseph, a living man - dba DOUGLAS JOSEPH HERICH, entity ID 824736000029 on Aug 14, 2015

One other thing once you have set up the ANC. It is important to remember at all times that whenever you are transacting business, you are doing so on behalf of the legal name. This is going to require a change in mindset which may take a bit of time before it becomes second nature. Once you have set up your ANC, from that point on when signing any commercial or government paperwork,  you are signing on behalf of that registered legal name. This means you cannot sign your name in the usual way that you have become accustomed to doing. Including when you are filling out the Minnesota Secretary of State application for the Assumed Name Certificate. The legal entity cannot sign for itself (it’s a non-living legal fiction), nor can you sign for yourself because you are not involved in commerce. Your signature, therefore, would look like the following example, with your surname comma and given name above or before the DBA name. The Assumed Name Certificate will provide proof of your capacity to make this assertion.


One of the PDF downloads that you will definitely want to obtain is the following 18 page document written by Douglas Joseph titled “Everything in Commerce is Fictional... Including That Legal Name You Always Thought Was You!”

Everything-in-Commerce-is-fictional-updated-5-11-2016.pdf

In this piece he goes into a more detailed description of this process, providing valuable information for how the process works.  On page nine he gives us the main reason we want to be acting in the capacity of a name holder: “A ‘holder’ of property has total control and complete discretion with respect to the use of all property owned by and held in the name of that registered legal business entity.” And once you establish that fact, the courts have no discretion over how they must act.  In other words, their assumption that you, the flesh and blood man or woman, represent the “person” on their paperwork is destroyed. And they do not have a credible witness to rebut that fact! Therefore it stands!

It should go without saying that if you register your name to receive an ANC, that this must be done before any legal matter may come up, meaning you cannot apply for the ANC after the fact of your having received a citation or summons to court. In other words, you need to have this in place prior to any legal matter that may come up. The court will not recognize any retroactive proof of the ANC.

 
If you would like to learn more about concepts of law so you can avoid the whole mess without having to “appear” in court, you can download our free ebook Common Law Remedy To Beat Traffic Tickets and learn about the secrets that the courts and legal profession don’t want you to know.


If you’d like to learn more about the law and how it can serve you, don’t hesitate to check out our Articles on Traffic Law section. Discover some of the secrets of law that you’ve never been taught!

The laws sometimes sleep, but never die.

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