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Posted: 10/5/2004 8:13:34 PM EDT

The Corporation Sole

by Brent Johnson

In the arenas of liability protection and religious freedom, nothing offers better protections than the corporation sole.

A corporation sole is a scriptural society, whose disciplines and structure are based on Old Testament Law. A corporation sole can therefore do just about anything except that which is prohibited by Scripture (i.e. thou shalt not murder, thou shalt no steal, thou shalt not commit fraud, etc.). So long as you do not engage in any of the above-described "antisocial behavior", you can live your life in relative freedom and privacy, and enjoy the protections of the corporation sole

The corporation sole has been around for a lot longer than the united States of America. The earliest sole that is believed to have existed was created sometime around 200 B.C.! In modern times, soles have always existed. For example, the Catholic Church is a corporation sole, and the Pope is the current Overseer.

A corporation sole is not a corporation. A corporation is a statutory construct that is obligated to the government that created it. Corporations must file tax statements and returns, pay statutory fees, register professional activities, and they generally exist subject to the controls of their masters, their creator… the government.

Corporations sole are a different breed altogether. There are no reporting or filing requirements, no registration of activities, listing of employees, saving of receipts, etc. associated with the operation of a sole. A sole is a genuine religious institution, so its existence rests outside of the jurisdiction of any level or branch of government.

Unlike non-profit corporations registered under Title 26, Section 501(c)(3), a corporation sole is not subject to the imposition of any restrictions by federal, State or local government, or any instrumentality or pseudo-agency of government (e.g. Internal Revenue Service).

There are currently eighteen states that have enacted statutes authorizing the creation of a corporation sole within their jurisdictions. As a result, all fifty states recognize their validity and a corporation sole can operate in any state in the Union.

A corporation sole has two agents that make up the sole. They hold the respective positions of Overseer/Presiding Patriarch/Matriarch and Scribe. These positions are roughly similar to the corporate positions of President and Secretary. Anyone can hold these positions, though generally the individual who set up the sole is its first Overseer and a spouse or close family member, or possible a trusted business associate or partner takes on the position of Scribe.

The corporation sole is structured as a special trust. The corporation sole is unique, because it is the only artificial entity in which the individual for whom it is created retains legal control of the sole assets while relinquishing personal liability for the same.

A sole provides the best way to maintain privacy in your financial affairs. Corporations sole can have bank accounts, even offshore foreign accounts! Soles can hold property, too, but really smart property owners utilize a sole in conjunction with other non-regulated artificial entities (such as Pure Trust Organizations), to provide maximum asset protection with minimal liability. Remember, even though you are no longer personally liable, liability still exists, and diversification of assets is the simplest way to reduce liability to the bare minimum.

The principle of the sole goes back to scriptural days: that everything belongs to our Creator and we are but shepherds for His property. That is how a corporation sole operates. The Overseer and Scribe are the agents for the sole. As agents, the Law of Principal/Agent rules: that the agent cannot be held liable for actions taken on behalf of the principal. Therefore, everything you do for the rest of your life (except murder, steal, commit fraud, etc.) is as an agent for the sole, and you cannot be held personally liable.

In case after case, statutory courts have correctly construed that the individual cannot be held liable for the acts of the sole; nor can property belonging to a sole be taken to settle a grievance or judgment against an individual (County of San Luis Obispo v. Ashurst, 145 Cal.App.3d 382).

A corporation sole is a private incorporation of one person, providing the same type of liability protections that are afforded to associations and aggregations of individuals (18 AmJur 2d Sec. 7; 18 AmJur 2d Sec. 29).

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