The Tender For Law

Volume 6

Jun 18, 2014 3:45 PM

There is a trustee corporation with some completed bills of exchange and receipts that need to be taken care of to ensure the accounts balance. I've been focusing on figuring out the process for the trustee corp to follow in sending them to the bank of canada. So far this is what I've suggested to the trustee corp;

1. send public notice and copy of birth certificate to the bank of canada and minister of finance 2. confirm that the minister of finance fiduciary/trustee 3. send the completed bill of exchange or receipt to the bank of canada and a copy to the minister of finance. (in cases where there is more then one, sent an itemized statement with bills receipts attached?)

It seems to me that we want to create an account of sorts so that weekly/monthly whatever we choose, the process will be simple once all is set up. Anyone have any suggestions or insights on what else we need to consider?

Read Comments

Pete Daoust

I thought I could:

1). create an account statement. 2). a bill of exchange attached to it. 3). Complete the Bill of Exchange the exact same way I do with Hydro. 4). send that completed Bill of Exchange to Bank of Canada WITH these receipts .

:/

Gail Marie

That makes sense to me Pete, If I'm comprehending correctly, corps like Hydro I think would deposit the boe into their bank account and then they are processed through the Canadian Payment Association process?

Gail Marie

that sounds like an internal thing Wakeup Itsalie, we're looking for the process from there....I doubt the Bank of Canada accepts things based on an individual corps way of doing things...I'm sure there is a process they have that the corps must follow

Pete Daoust

The TRUSTEE corp has to PRESENT the fucking COMPLETED Bill of Exchange to fucking BANK OF CANADA��.so PRESENT the fucking thing�.

Hw do you PRESENT something ? �..you fucking PRESENT it

IT IS THE SAME THING, you guys just decided to USE a fucking PROXY to do the job.....

Chris Evan

Scott, could you direct us clueless chimps please? I know we are missing something and I think it has to do with a conversation you had with Derek here. But I don't trust what he quotes from you after that Notice of Mistake fuckup!

Pete Daoust

Ok,�. Lets say I happen to be the Manager of some corporation.

I send an BILL to a PERSON. That person send back this bill to the corp, I happen to be the manager of What that person send to me, is a completed bill of exchange that INSTRUCT the corp to PRESENT it to BANK of CANADA for PAYMENT.

And he also point out that article 84 of the Bill of Exchange Act.

What should I do now, as the MANAGER of that corp ?

I guess, if I don�t know what to do, my best shot, as a good MANAGER, would be to call Bank of Canada, and say:

HEY, I have a completed Bill of Exchange in my hands here, and the DRAWER of that bill, INSTRUCTED us to present that thing to YOU, so you can DISCHARGE that bill, how in the fuck we have to proceed with this ?, dear Bank of Canada ?

Pete Daoust

I'll post it again, if you guys don't mind :D

Ok,�. Lets say I happen to be the Manager of some corporation.

I send an BILL to a PERSON. That person send back this bill to the corp, I happen to be the manager of What that person send to me, is a completed bill of exchange that INSTRUCT the corp to PRESENT it to BANK of CANADA for PAYMENT.

And he also point out that article 84 of the Bill of Exchange Act.

What should I do now, as the MANAGER of that corp ?

I guess, if I don�t know what to do, my best shot, as a good MANAGER, would be to call Bank of Canada, and say:

HEY, I have a completed Bill of Exchange in my hands here, and the DRAWER of that bill, INSTRUCTED us to present that thing to YOU, so you can DISCHARGE that bill, how in the fuck we have to proceed with this ?, dear Bank of Canada ?

Chip Douglas

"Assignment" is just a technical word for TRANSFER, Gail. So you do that, now, the Minister of Finance has the BC you sent him, knowing YOU signed it, knowing YOU are the SURETY for it. One does not actually have to sign the back of a cheque they take to the bank for whatever reason. The ENDORSEMENT, in that case, is completed simply by DELIVERY. The definition is even in the Bills of Exchange Act, and a teller even admitted that to me though she told me- "dont tell anyone i told you that"

Cedar Pine

I am learning that there is much deception and trickery in the system. I have asked the source a number of times but received no reply. Perhaps I didn't ask correctly. The way I look at it, you can only do your part as honorably and to your own integrity, and hope they respond honorably, but expect that they may not and be prepared to follow through with your process. You are right Pete about focusing on you, and what you have to do, you are the creator, you are the action, you are putting something forward, you are the energy manifesting outward.

Chris Evan

The legal status and uses of the bill of lading[edit] Under the Hague-Visby rules, a bill of lading is only prima facie evidence of receipt. Section 4 the UK Carriage of Goods by Sea Act 1992 (which repealed and replace the Bills of Lading Act 1855 provides that a bill of lading is conclusive evidence of receipt (thus overturning the old rule in Grant v Norway (1851).

Section 1 the UK Carriage of Goods by Sea Act 1992 provides that a bill of lading must be negotiable. Also, it provides that a bill of lading includes a "received for shipment bill" (i.e. a B/L issued by a freight forwarder), and a B/L may be electronic.

As a receipt[edit] The principal use of the bill of lading is as a receipt issued by the carrier once the goods have been loaded onto the vessel. This receipt can be used as proof of shipment for customs and insurance purposes, and also as commercial proof of completing a contractual obligation, especially under Incoterms such as CFR ( Cost and freight ) and FOB-(free on board)

As evidence of the contract of carriage.[edit] The bill of lading will rarely be the contract itself, since the cargo space will have been booked previously, perhaps by telephone, email or letter. The preliminary contract will be acknowledged by both the shipper and carrier to incorporate the carrier's standard terms of business. If the Hague-Visby Rules apply, then all of the Rules will be automatically annexed to the bill of lading, thus forming a statutory contract.

As title[edit] The bill of lading confers prima facie title over the goods to the named consignee or lawful holder. Under the "nemo dat quod non habet" rule ("no-one may give what he ain't got"), a seller cannot not pass better title than he himself has; so if the goods are subject to an encumbrance (such as a mortgage, charge or hypotheque), or even stolen, the bill of lading will not grant full title to the holder.

As a negotiable document[edit] A bill of lading may be traded in much the same way as the cargo, and even borrowed against if desired. This is a very important and common document used in export and import trade globally.

Gail Marie

underwriter. 1. INSURER. 2. One who buys stock from the issuer with an intent to resell it to the public; a person or entity, esp. an investment banker, who guarantees the sale of newly issued securities by purchasing all or part ofthe shares for resale to the public.

Chris Evan

I remember reading a while back that some guy underwrote most if not all of the United States Notes back in the late 1800s. He thought it was a safe bet.....But these days, the banking system is looking for SLAVES. That seems to be a risk! I bet there is someone who is ready to unleash a weapon to collapse that and start a war.....

Stuart Stone

Isn�t this overcomplicating things?

Bottom line for me: If I am given a cheque from ABC Bank, and I do my banking/have an account #000000001 with XYZ Bank, I go to XYZ Bank and PRESENT that cheque for payment into account #000000001.

Whatever XYZ Bank does behind the scenes to have the funds transferred from ABC Bank to XYZ Bank account #000000001 is none of my business.

Section 84 of the Canadian Act and Section 50 of the Australian Bills of Exchange Act says: 50 Rules as to presentment for payment (1)Subject to the provisions of this Act, a bill must be duly presented for payment. If it be not so presented, the drawer and indorsers shall be discharged.

It doesn�t say it has to be presented to the drawee, so present the completed Bill of Exchange/Cheque to the bank you/the corporation is using, for deposit into the designated account. That�s what logic tells me.

The practicalities of the situation may mean that I need to sit down with the bank manager & educate them that the completed bill is now a cheque before they deposit it, but once that relationship is established, they can then instruct their staff accordingly.

Stuart Stone

I have no idea Gail Marie.

All I know is, for many years, whenever I have received a cheque, I go to the bank I use and deposit that thing...I have never ever gone to try and locate the drawee bank and present that thing to them.

Stuart Stone

Pete Daoust: Well, Stuart, I've been to some drawee's bank a few time to make their check CERTIFIED , so I could make sure the funds were SEIZED, and then went to SFC Inc,s bank and cash that thing

That makes sense, but is it a requirement (according to their clubhouse rules) for presentment?

Chris Evan

Then there is this.... CHARTER-PARTY, contracts. A contract of affreightment in writing, by which the owner of a ship or other vessel lets the whole, or a part of her, to a merchant or other person for the conveyance of goods, on a particular voyage, in consideration of the payment of freight. This term is derived from the fact, that the contract which bears this name, was formerly written on a card, and afterwards the card was cut into two parts from top to bottom, and one part was delivered to each of the parties, which was produced when required, and by this means counterfeits were prevented. 2. This instrument ought to contain, 1. the name and tonnage of the vessel; 2. the name of the captain; 3. the names of the letter to freight and the freighter; 4. the place and time agreed upon for the loading and discharge; 5. the price of the freight; 6. the demurrage or indemnity in case of delay; 7. such other conditions as the parties may agree upon. Abbott on Ship. pt. 3, c. 1, s. 1 to 6; Poth. h.t. n. 4; Pardessus, Dr. Coin. pt. 4, t. 4, c. 1, n. 708. 3. When a ship is chartered, this instrument serves to authenticate many of the facts on which the proof of her neutrality must rest, law. He must not leave his master's service during the term of the apprenticeship. The apprentice is entitled to payment for extraordinary services, when promised by the master; 1 Penn. Law Jour. 368. See 1 Whart. 113; and even when no express promise has been made, under peculiar

David-Paul Sip

I agree Will Bed. This was a very interesting read Chris Evan even if I didin't quite get all of it. I will though. One thing for sure is that not only is it ALL ACCOUNTING and SURETY, it's also ADMIRALTY and hidden in plain view ie. CITIZEN-SHIP and PASS-PORTs. I had only begun considering this before the FREE-DUMB fog rolled into PORT obscuring everything. The fog is lifting :)