DECLARATION OF TRUST TEMPLATE
For the formation of:
A [Heart Community Possibility Village] Trust
AN [EXPRESS/LAND/STEWARDSHIP] TRUST
Dated: _______________
CHARTER AND DECLARATION FOR A [HCPV] TRUST EXECUTED UNDER THE LAWS OF GOD IN ACCORDANCE WITH UNIVERSAL CONTRACT LAW
- A [Heart Community Possibility Village] Trust
- PREAMBLE
- Purpose
- Appointment and Powers of Members of the Board of Advisors
- Charter of [Type][Context] Trust
- Name, Domicile, and Offices
- Venue and Jurisdiction
- Authority and Capacity
- Non-Liability of Members of the Board
- Assets
- Distributions
- Execution of Contracts
- Succession
- Acting as Guarantor
- Notice of Limited Liability
- Covenants
- Termination
- Interpretation, Disputes and Claims
- Savings Clause
PREAMBLE
This Charter and Declaration of a [Type] Trust, henceforth known as a Heart Community Possibility Village [Context], is made this ___________ [2022], by and between __________________ and ________________ (see Autography).
SECTION ONE
Purpose
The Trust defined by this Declaration is organized for [______] and for educational, spiritual, and beneficent purposes, and is established under the exclusive jurisdiction of the [___________], for furthering the upliftment and enlightenment of all people throughout the World and the betterment of life on planet Earth.
SECTION TWO
Appointment and Powers of Members of the Board of Advisors
- Upon completion and the execution of this indenture the Managing Director constitutes and appoints ___________, a ________, as the Executive Director, hereinafter "Director." The Director shall serve thereafter as the director of this Trust, with authority over all affairs of the Trust, both temporal and spiritual, provided for in these indentures and the minutes of this Trust.
- The Director may appoint other Board Members who shall be known as "Advisors," and who may act in conjunction with the Director in a fiduciary capacity as the stewards and possessors of title of the assets, in allodial title, and not as tenants in common. The Executive Director and Managing Director shall each have one vote and the remainder of the Advisors may act collectively for one vote. Collectively, all the Advisors shall be known as the Board of Advisors and may deal with any matter regarding the Trust delegated to the Board of Advisors by the Director.
- The duly appointed Advisors, for themselves and their successors, hereby accept the provisions of this Trust, together with all related documents. The Advisors must conserve and minister in accordance with the Tenets, Creed, and Principles of this Trust and the principles of Higher Truth in accordance with the best of the Advisors' abilities, exercising judgment and discretion in administering the Advisors' duties in good faith strictly in conformity with the provisions, spirit, and intent hereof.
- Upon a Board of Advisors being created by the Director, the Advisors may not be less than two in number and may be increased by the Director beyond two in number for any reason the Director believes is beneficial for the Trust. The duly appointed Advisors, together with those designated in advance for the purpose of filling future vacancies, shall hold office and collectively minister affairs of this Trust, a [Type][Context] Trust; PROVIDED, however, that an Advisor may resign, both with and without notice, and also may be removed from office by a Resolution of at least two-thirds (2/3) vote of the Board of Advisors, or by the decree of the Executive Director, whenever in the opinion of said majority or the Executive Director, such Advisor shall have been deemed guilty of such acts that are repugnant to the tenets and precepts of this Trust, and PROVIDED, further, that in the event of any vacancy, increase in number, death of an Advisor, removal from the Board, resignation, and the like, the remaining Advisors may appoint a successor (and all newly appointed Advisors) by the unanimous concurrence of the Advisors.
- The signing of an acknowledgment of acceptance of the office of the Board of Advisors by the Director constitutes investiture as such.
- This Trust is created under powers and authority of the Covenant with the Creator that each peculiar member of this Trust possesses, which establishes and provides open notice of such unalienable rights as:
- Acquiring and possessing, by donation, gift, bequest, devise, and purchase, and holding and maintaining, property-real, personal, and mixed-holding title absolute by conveyance, with right for granting, selling, conveying, renting, and otherwise disposing of said property as may be necessary for furthering the objectives of the Trust, for the use and behoof of this Trust forever, in unalloyed temporal and spiritual capacity.
- Exercising seigniorage; borrowing and lending money; giving promissory notes as well as other written obligation therefore by note, and securing the payment thereof by a lien, such as mortgage, upon hereditaments, both corporeal and incorporeal, real, personal, and mixed.
- Buying, selling, leasing, mortgaging, and in every way dealing in land and chattels in the same manner that a natural man may, and without the order of any court.
- Receiving bequests and devises for exclusive use of the Self-Supported Trust in the same manner as a living, sentient man.
- Appointing, and being appointed as, an attorney in fact.
- Contracting and being contracted with in the same manner as a natural man, in proper capacity and full standing.
- Suing and being sued, pleading and being pleaded, in courts of this [Type/Context] Trust.
- Having and using a common seal by which all deeds and acts of the Trust may be authenticated.
- Opening, and possessing sole and exclusive signing authority on, non-interest-bearing bank accounts of any kind whatsoever.
- Exercising any other just, lawful, and ethical rights and powers as may be declared by authority of the [Type][Context] Trust, as established at any time in accordance with the Tenets, Creeds, and Principles of this Trust, under authority of the sovereign and unalloyed right inhering in the eternal Covenant of the Undersigned with the Undersigned's Creator.
- By Resolution, the Directors may provide for regular / Trust meetings at stated intervals without notice. Special meetings may be called at any time by any two or more Advisors upon three (3) days prior written notice mailed or delivered to the Directors and Advisors. At all meetings, both regular and special, a Director or majority of the Board of Advisors is regarded as constituting a quorum for the conduct of business. Affirmative action may be undertaken by the Board of Advisors only upon a majority vote of the Board of Advisors acting, whether present or absent, and must be approved by a Director. Proxies are allowed when agreed to in Minutes of this Trust.
- The powers of the Director and Advisors, acting in concert with approval by the Director, are absolute, exclusive, and unlimited, and are broadly construed as general powers of both natural and artificial inhabitants of planet Earth, under the Laws of God, which permit acting in any manner that it does not cause others harm and does not impair anyone's unalienable rights. All of said powers may be delegated at the sole discretion of the Directors. Since this Trust is a worldwide Trust, people of any nationality may be appointed Advisors by a Director.
- Resolutions of the Board of Advisors, or a Director, authorizing the undertaking of a project constitutes evidence that such project is within the Board's power.
- No one providing the Trust donations, loans, and payments may require disclosure and accounting of the application made by the Advisors or Director of whatever funds are received by the Trust. All funds received by the Trust shall be managed and used at the discretion of the Executive Director, with or without approval of the Advisors, as provided by this Declaration of Trust and recorded in the minutes of this Trust.
- All Advisors shall serve without posting any security, such as fidelity bonds.
- The Advisors shall regard this instrument, sacred writings and works of wisdom from diverse sources and each other as their guide, which may be supplemented upon occasion by the By-laws, Regulations, and resolutions of the Board for the purpose of covering contingencies that may arise and which shall be recorded in the Minutes of this Trust.
- The Advisors may fix and pay reasonable compensation, (not "income"), for any contracted worker, agent, and the like, at the discretion of the Advisors, and the Board of Advisors may pay Advisors reasonable compensation for services performed as Advisors.
- The Advisors may appoint from among their number Executive Advisors and Managing Advisors, who shall be given such power and authority as the Minutes of this Trust may delegate and prescribe.
- The Advisors shall, in their capacity as Advisors and NOT individually, have and assume only such liability as is defined by the indenture of this Trust. This fiduciary liability shall neither jeopardize nor affect the individual performance of the parties. The Advisors shall be reimbursed and exonerated by this Trust for any losses occasioned by the Advisors while serving as such, in the same extent as would non-interested persons.
- The Directors may, at any meeting, appoint any number of Successor Directors for acting on behalf of this Trust in the event of the death, incapacity, and the like, of a Director.
- The Advisors shall have and possess only such authority as provided in this indenture.
- The Advisors may be duly ordained and commissioned by this Trust. An Advisor must be a product of a deep seated conviction with respect to the Earth and is fully committed to seek the Truth their own means, together, and otherwise.
SECTION THREE
Charter of [Type][Context] Trust
- It is expressly declared that this Trust, which is neither a public corporation, profitable business partnership, company, estate, joint stock Limited Liability Corporation, nor any other form of incorporated association, is hereby created as a separate, lawful, spiritual, non-profit, and private [Type/Context] Trust entity. No Advisor may lawfully possess any interest of this Trust, nor may said Advisor be personally liable for anything other than the Advisor's own personal liabilities, except when an applicable civil law otherwise expressly prohibits this exoneration of the Advisor from personal liability.
- The Trust terminology used in this indenture and its supporting documents is used solely for clarification of the various usages for [Type][Context] Trusts under universal contract law by and between free, spiritually autonomous, sentient beings whose lives and rights derive from the unique Covenant of each party with the Creator.
SECTION FOUR
Name, Domicile, and Offices
The Director and Advisors are collectively designated as the Board of this Trust, in which name the Director and Advisors may execute and convey personal property and any interest therein, sue and be sued, (see Section Seven), and conduct any and all the said business of this Trust. The principal domicile and place of Trust shall be on the soil of Oregon, a foreign and non-domestic jurisdiction re the corporate Federal United States, (the "U.S." or "United States"), until so changed by the Board, as the Board may do upon occasion, with such branch offices and places of business as said Board may establish. As a world-wide Trust, the functions and holdings of this Trust may be international.
SECTION FIVE
Venue and Jurisdiction
Neither the Director, nor any Advisor, nor any Member, of this Trust gives consent concerning, and is regarded under the Laws of Equity as expressly immune from, any claim of jurisdiction other than the jurisdiction of truth founded on the mutual good faith and full disclosure of all involved parties, universal contract law, and the Equity Law as defined, interpreted, and adjudicated by the Tribunals of this Trust. Venue and jurisdiction is first in the Courts of this Trust, and all hearings, proceedings, and trials must be recorded in the records of the Court of this Trust. All other courts of any jurisdiction must accept the decisions of the Judicatories of this Trust on questions of discipline, faith, ecclesiastical rule, custom, and applicable contracts. If matters governing the affairs of this peculiar [Type][Context] Trust are inconsistent on the same subject with the provisions of any other jurisdiction, the spiritual principles as a matter of conscience must prevail, inasmuch as all rights and powers of the peculiar Members of Heart Community inhere in and derive from existence, life, and the Creator thereof.
Define process of enforcement: decentralized.
What is the court of this Trust and how are decisions made. All court matters that are needing arbitration goes to the community for voting.
With the intent of living in peace with all people and living beings of Earth, each Director is established as an Earth Steward Emissary with neutral, in itinere, non-engaged, status, and is not involved in any manner with any disputes, conflicts, wars, and declarations of war powers involving any other parties.
The above-referenced peaceful, non-resident, in itinere status of the undersigned Director, and all Advisors and Members this Trust, signifying permanent Citizenship of Earth, is openly proclaimed before all people by use of the depiction of a scallop shell, such as the following representation:
By the authority of this Trust each member of this Trust, all members possess such absolute rights and powers as authority for:
- Terminating all involvement with, use of, and presumption of obligation for using, other documents and instruments, and all numbers and contractual relationships connected therewith, issued by any other parties, such as by an organization, agency, government, entity, corporation sole, corporation aggregate, and the like, upon signing, sealing, and notarizing any commitment executed in writing with this Trust, such as this instrument.
In addition, all Directors of this Trust possess authority for:
- Issuing for all Members of this Trust any and all permits, licenses, certificates of membership, authority, identification, and travel documents of any kind whatsoever.
- Creating, preserving, maintaining inviolable, and providing full and unalloyed protection and immunity of every kind whatsoever for all who seek sanctuary within, and abide on the soil of, any land, buildings, and dwellings of this Trust, under the exclusive venue and jurisdiction of this [Type][Context] Trust. Said protection and immunity secures inviolate all rights regarding privacy, security, and safety of the person, possessions, papers, and effects of guests and all household dwellers against intrusion of any kind from any source.
SECTION SIX
Authority and Capacity
SECTION SEVEN
Non-Liability of Members of the Board
The Members of the Board may not under any circumstances be held liable for liabilities of this Trust. All people and persons dealing with this Trust may address only funds and assets of this Trust for the payment of any claim, debt, judgment, obligation, as well as of any "money," that may become due and payable in any way regarding this Trust. All actions, claims, and suits MUST be adjudicated in the Tribunals of this [Type][Context] Trust as set forth in this Declaration.
SECTION EIGHT
Assets
All hereditaments and possessions of this Trust are the property of this Trust, and are held in trust and stewardship by the Directors for the perpetual use, purpose, benefit, behest, and behoof of the peculiar Membership of this Trust. If at some particular time there are no peculiar Members of this Trust holding the Office of Director, all assets are re-vested with this Trust’s beneficiaries.
SECTION NINE
Distributions
The Board may set aside any net, non-taxable increase accruing in favor of this Trust in amounts that the Board, in the Board's sole discretion, deems appropriate for retaining reserves and additional assets of this Trust. Since this Trust is a world-wide in scope, the Board may set aside such funds for providing environmental and humanitarian benefit as the Board may decide.
SECTION TEN
Execution of Contracts
The Directors possess exclusive authority for executing all documents and instruments, such as contracts, conveyances, deeds, quitclaims, assignments, assignment of any part of the title on assets and property of this Trust.
SECTION ELEVEN
Succession
By execution of this indenture the undersigned Executive and Managing Directors, and every Successor in Office by the same Title, do hereby create and establish a body politic and a [Type][Context] Trust, with continuous perpetual succession.
In accordance with the disciplines of this Trust, any vacancy occurring in the incumbency of this Trust must be filled through an appointment by majority vote of the remaining Advisors of this [Type][Context] Trust Directors. Every Successive Holder of Office allows for perpetuity of the office of Director of this Trust.
SECTION TWELVE
Acting as Guarantor
The Board may upon occasion pledge the assets of the Trust as Guarantor for any person, company, and other legal entity, provided the Trust receives reasonable compensation for such action.
SECTION THIRTEEN
Notice of Limited Liability
Notice is hereby given that all people, persons, and entities who extend this Trust credit, contracting with this Trust, as well as having claims against this Trust, may regard only the property and other assets of this Trust for payment and for settlement of any claims, debts, judgment (decree), award, and other obligation that may become payable thereunder. The Directors and Advisors are not personally liable when dealing with any business matters of this Trust.
SECTION FOURTEEN
Covenants
This Trust and its members establish a Covenant of Transparency regarding matters that could, if otherwise hidden and unspoken, be of detriment to the purpose of this Trust and its Members.
SECTION FIFTEEN
Termination
Upon the termination of this Trust for any cause, the Board of Advisors may liquidate the estate of the Trust, if deemed preferable, by disposing of its properties and assets for such amounts and upon such terms as the Board deems prudent. After discharging all proper lawful obligations of this Trust, the Board shall distribute in favor of all named beneficiaries and any other [Organizations] with goals compatible with the principles and purposes of this Trust-the proceeds and remaining assets in any currency the Board deems appropriate. For these purposes, the Advisors shall continue acting until such duties have been fully performed, whereupon this Trust shall be finally closed.
SECTION SIXTEEN
Interpretation, Disputes and Claims
- Regarding any question concerning interpretation and construction of this indenture and Declaration of Trust, including all supporting documents, the Board retains exclusive authority for construing this instrument in accordance with its good-faith construction. Said construction, as stated in the Minutes, shall be final, conclusive, and binding on this Trust, as well as all other people, persons, and entities dealing herewith.
- Neither this indenture nor its supporting documents may in any manner be deemed as constituting any kind of PUBLIC corporation, profitable business, partnership, statutory trust, association, estate, company, public entity, nor any kind of statutory entity. This Charter is intended as being an indenture creating a PRIVATE Trust. All interpretations shall be under the Laws of Equity as interpreted and adjudicated by the Tribunals of this Trust. For Guidance, all concerned parties, including arbitration tribunals and courts, may consult appropriate court rulings concerning integrated auxiliaries of a Spiritual / Church Ministry Trust of this type throughout history of Equity in common law jurisdictions.
SECTION SEVENTEEN
Savings Clause
If any provision of this Declaration of this [Type][Context] Trust is deemed invalid by competent authority for any reason under particular circumstances, the remaining provisions shall nevertheless stand and remain in full force and effect.
Trustees’ Autograph(s):
Dated: April, 02, 2021
Managing Trustee's Autograph:
Dated: April, 02, 2021
Witnessed by Scribe, Scribe's Autograph:
Dated: April, 02, 2021
~ and so it is ~