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Regarding "The Laws Of The United States"

(The following material is presented with the generous permission of its author, Dan Rezak)

 

On June 22, 2005, the Secretary of State of Texas sent the author 14 pages of documents that MBNA America Bank had on file with the office.  MBNA America Bank had applied for a Certificate of Authority to do business in the State of Texas (called a “FINANCIAL INSTITUTION APPLICATION FOR REGISTRATION”) in 1999, then 4 years later withdrew it in 2003.  Somewhere in the middle of these four years, they converted from being a Delaware Corporation to being incorporated or “organized” in “the United States”.  Why?

 

Included in the filing is the following (See Figure 1 partial photo clip) of the “APPLICATION FOR CERTIFICATE OF WITHDRAWAL” signed by the authorized officer of the corporation, Secretary John W Scheflen.  What should be noted in this filing are lines one and two.  Because MBNA America Bank went through a conversion from being a Delaware Corp to becoming a “National Association”, line one states that the bank is called “MBNA America (Delaware), National Association” but was formerly “MBNA America Bank (Delaware)”. We will talk about this conversion shortly.

 

Line two states that it is now “organized under the laws of the United States (formerly Delaware)”.  This is the most significant and compelling evidence that there is a “jurisdiction” called “the United States” because it states on the same line that it was formerly organized under the laws of Delaware.  Most companies are incorporated in a state, such as Delaware, Maryland, Nevada, or some such state.  Have you ever heard of any company being incorporated under “the United States”?  How does one incorporate or organize under “the United States”?

 

Figure 1 Evidentiary Filing showing "United States" as a jurisdiction


In case there is doubt as to what the “formerly Delaware” phrase means in the foregoing statement, “organized under the laws of the United States (formerly Delaware)”. The following evidence shows that MBNA America Bank was originally a Delaware corporation (See Figure 2).  On line 3 of the below “application for registration” which it filed in 1999, the document shows that the bank “was formed under the laws of Delaware on November 20, 1997”

 

Figure 2 Evidentiary Filing showing MBNA originally a Delaware Corp

 

During the four years that the bank had authority to do business in the State of Texas, MBNA America Bank went through a conversion from being a Delaware Corp to becoming a “National Association”.  Evidence of this conversion is seen in the below letter from Anthony DesSantos, the Licensing Manager from the Office of the Comptroller of the Currency, dated September 27, 2000 where he stated that the bank would receive its “charter certificate” (See Figure 3).

 

Why would it want to become a National Association?  What are the benefits? What does it mean to be organized “under the United States” instead of under the laws of Delaware?  Who is the governor of “the United States”? Do they have a legislature?  These are questions that every rational American should be asking.  If we have 50 United States, where is this one called “the United States” located?  We have attempted to provide the answers to these questions and many more by going to authenticated sources for factually hard evidence.

 

 

Figure 3 Letter from OCC regarding conversion

 

The following “Organization Certificate” notarized by Venus Nelson on September 21, 2000 and filed the following day with the Secretary of State of Texas explains why MBNA would convert (See Figure 4).  Point number four states, “This certificate is made so that MBNA America Bank (Delaware) and its shareholders may avail ourselves of the advantages of the aforesaid provisions of the United States Code”.  The key here being the United States Code (commonly called USC with a bunch of sections called “Titles”)

 

So, does that mean MBNA America Bank could not take advantage of the USC when incorporated in Delaware?  If the answer is yes, which apparently is the case, then this would indicate that the United States Code (USC) is jurisdictional and only applies to, or can be used by, those organized under its umbrella.  As an aside, it is also worth mentioning the introductory paragraph verifies the existence of “statutes of the United States”.

 

   

Figure 4 National Association Organizational Certificate Request Filing

 

So, where are we so far?  The preceding evidence is irrefutable and indicates that there is obviously a difference between being incorporated under the laws of “Delaware” (or any state for that matter) and under the laws of “the United States” and that these laws of “the United States” allow a company to take advantage of the United States Code (USC).