
03-11-2006, 03:00 PM
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Commercial liens - SEC Tracer Flags?
I'm currently researching commercial liens, and according to Commercial Liens: A Most Potent Weapon they require a Title 15 USC Tracer Flag on them from the start. Due to the federal government (or its corporate mock-up) regulating interstate commerce, my understanding is that the SEC regulates commercial liens as part of one of the few tasks it actually was designed to do.
The problem I'm having is finding the procedure necessary to get a tracer flag number from the SEC. www.sec.gov is a wealth of information... or a morass of it, if you like; there's so much on it and it's so complex that I haven't been able to find it. Has anyone here found the procedure? It's conspicuously missing from Adask's files, and Google hasn't provided much assistance here either. It's currently the stumbling block to quite a few commercial liens.
Thanky.
- Satori
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Actor qui contra regulam quid adduxit, non est audiendus.
("He ought not to be heard who advances a proposition contrary to the rules of law.")
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03-11-2006, 09:58 PM
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commercial lien
first things first. if its a government official you are trying to lien, you better modify the lien to include language that the official consents to the lien being filed or they will put you in jail for filing a nonconsensual lien againsg a government official. next, reread the material. u dont need a tracer flag from the sec. reread the material.
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03-11-2006, 10:01 PM
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Join Date: Oct 2004
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Quote:
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Originally Posted by kgod999
first things first. if its a government official you are trying to lien, you better modify the lien to include language that the official consents to the lien being filed or they will put you in jail for filing a nonconsensual lien againsg a government official. next, reread the material. u dont need a tracer flag from the sec. reread the material.
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Yep!! I agree.
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03-11-2006, 10:58 PM
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Practice Makes Perfect
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Join Date: Mar 2006
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Quote:
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Originally Posted by kgod999
first things first. if its a government official you are trying to lien, you better modify the lien to include language that the official consents to the lien being filed or they will put you in jail for filing a nonconsensual lien againsg a government official. next, reread the material. u dont need a tracer flag from the sec. reread the material.
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Thanks for the info, kgod999. It isn't against a government official this time, or even a corporate dummy posing as one, but if it were and I hadn't already been aware of making an assertion that by FOO they agree to it, I would have wanted to be.
I rechecked the material ( Commercial Liens: A Most Potent Weapon by Alfred Adask) on your advice. It says, and I quote:
Quote:
An S.E.C. Security
When the Commercial Affidavit has matured, (after 30 days) it is evidence of a debt and/or obligations. In order for it to be classed as a security, it must carry the United States Securities and Exchange Commission (S.E.C.) TRACER FLAG on it from the very beginning. As a security it must conform to the rules governing securities and must be identified and monitored as such from the beginning.
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Hence, my question was the procedure for obtaining an SEC TRACER FLAG. I have found no reason I wouldn't want it classed as a security, as such would seem to be the point of going through the process. Since the need for obtaining one has not been rebutted, it stands. 
__________________
Actor qui contra regulam quid adduxit, non est audiendus.
("He ought not to be heard who advances a proposition contrary to the rules of law.")
Last edited by Satori : 03-11-2006 at 11:00 PM.
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03-12-2006, 08:05 AM
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commercial lien
by calling it a "security", it becomes a security.
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03-12-2006, 05:23 PM
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Practice Makes Perfect
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Quote:
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Originally Posted by kgod999
by calling it a "security", it becomes a security.
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That's an interesting assertion. It seems to contradict the source material. Are you citing anything within the Law merchant as basis for your premise, and do UCC entities (such as the SEC) recognize securities in practice in accordance with it?
If, for example, I called my dog a "security" would the SEC recognize and classify him as such?
- Satori
__________________
Actor qui contra regulam quid adduxit, non est audiendus.
("He ought not to be heard who advances a proposition contrary to the rules of law.")
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03-13-2006, 08:05 PM
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Join Date: Nov 2005
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Quote:
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Originally Posted by Satori
I'm currently researching commercial liens, and according to Commercial Liens: A Most Potent Weapon they require a Title 15 USC Tracer Flag on them from the start. Due to the federal government (or its corporate mock-up) regulating interstate commerce, my understanding is that the SEC regulates commercial liens as part of one of the few tasks it actually was designed to do.
The problem I'm having is finding the procedure necessary to get a tracer flag number from the SEC. www.sec.gov is a wealth of information... or a morass of it, if you like; there's so much on it and it's so complex that I haven't been able to find it. Has anyone here found the procedure? It's conspicuously missing from Adask's files, and Google hasn't provided much assistance here either. It's currently the stumbling block to quite a few commercial liens.
Thanky.
- Satori
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With your word processor, write your affidavit or whatever, and above your signature create a TEXT BOX and center the following inside of it exactly like this:
A Security - 15 USC
_____________________________________________
This is a U.S.S.E.C. Tracer Flag and not a point of law.
It needs to be BOXED IN, and the line above the bottom statement should extend as close to the edge of the text box as you can get it.
(I would show you exactly how it should look when it is in the text box, but I cannot find a way to properly box it in with the forum's word processor.)
Thats a Tracer Flag as far as I know.
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03-13-2006, 10:40 PM
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tracer flag
thanks mrg, thats basically what ive was trying to tell him. thanx satori whats a number issued by the s.e.c. but identifying it as a security does the trick.now, if he thinks he HAS to have a number , apply for a cusip number for the lien. http://www.cusip.com/ (commercial paper)
Last edited by kgod999 : 03-13-2006 at 10:48 PM.
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03-13-2006, 11:23 PM
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Thanks, mrg. kgod999, I'm sorry I didn't comprehend by your words what you were getting at, and I appreciate the attempt to assist.
Perhaps a number is not required, but if not I do not comprehend how the SEC could identify and monitor it throughout, as described in the source material:
Quote:
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As a security it must conform to the rules governing securities and must be identified and monitored as such from the beginning.
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So I was asking about the SEC's process in general. If they need to identify and monitor it ab initio, writing that it's got a tracer flag on it for, rather than by, the SEC, would not seem to accomplish that objective. I'm attempting to contact the SEC, but my means are currently limited. If I get the information from the SEC themselves, I'll post it unless unable to do so, and if someone else provides it here, the next private citizen to come along can find the information in the forums.
- Satori
Quote:
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Originally Posted by mrg
With your word processor, write your affidavit or whatever, and above your signature create a TEXT BOX and center the following inside of it exactly like this:
A Security - 15 USC
_____________________________________________
This is a U.S.S.E.C. Tracer Flag and not a point of law.
It needs to be BOXED IN, and the line above the bottom statement should extend as close to the edge of the text box as you can get it.
(I would show you exactly how it should look when it is in the text box, but I cannot find a way to properly box it in with the forum's word processor.)
Thats a Tracer Flag as far as I know.
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__________________
Actor qui contra regulam quid adduxit, non est audiendus.
("He ought not to be heard who advances a proposition contrary to the rules of law.")
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03-15-2006, 08:39 PM
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Join Date: Nov 2005
Location: Illinois Republic
Posts: 3,411
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Quote:
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Originally Posted by Satori
Thanks, mrg. kgod999, I'm sorry I didn't comprehend by your words what you were getting at, and I appreciate the attempt to assist.
Perhaps a number is not required, but if not I do not comprehend how the SEC could identify and monitor it throughout, as described in the source material:
Quote:
Quote:
As a security it must conform to the rules governing securities and must be identified and monitored as such from the beginning.
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So I was asking about the SEC's process in general. If they need to identify and monitor it ab initio, writing that it's got a tracer flag on it for, rather than by, the SEC, would not seem to accomplish that objective. I'm attempting to contact the SEC, but my means are currently limited. If I get the information from the SEC themselves, I'll post it unless unable to do so, and if someone else provides it here, the next private citizen to come along can find the information in the forums.
- Satori
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Quote:
Quote:
As a security it must conform to the rules governing securities and must be identified and monitored as such from the beginning.
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I think this is what the Tracer Flag does--you put the thingy on your papers and that identifies it as a security, and when you file it, that is the "monitoring" process ie. it is able to be monitored because you have identified it as a security by virtue of placing the Tracer Flag on the document.
I am no expert, and could be wrong, but I have a trademark dba registered as a security, and the affidavit conforms to the rules governing securities.
So, you need to research the rules governing securities and make sure your document conforms to the rules governing securities.
If it conforms you put the Tracer Flag on the doc, and do what you wish to do with the doc.
SECURITY. That which renders a matter sure; an instrument which renders certain the performance of a contract. The term is also sometimes applied to designate a person who becomes the surety for another, or who engages himself for the performance of another's contract. See 3 Blackf. R. 431.
Bouvier's Law Dictionary 6th Edition 1856
Look up "security" in Black's Law Dictionary.
I would think that the 8th edition (the newest) might be a good one for most up to date info, and you can go to a Borders and look it up.
I would double check it with a 6th Edition definition too.
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