August 10, 2011 - The Name

In Terms of the Name..
Looking back to my ramblings of July 23, I was raising questions about the importance of the name:

...Who owns the name? Nothing seems to make any difference after they have the name… Is it because that name was registered with them at birth and they thereafter have legal title to it?...

The title to the 'name' was transfer to the government by our parents, when it was registered at our birth. The government, as the settlor, took the name and created a Trust (itself a legal entity, a corporation). There seems to be no difference in how it is written—all capital letters or with only the first letters capitalized.

Trust: Generally, a legal device designed to provide financial assistance to someone without giving that person total control over the trust assets. The Probate Courts of Connecticut 

Settlor: The person who creates a living trust, frequently the one funding it. This person may also be referred to as a grantor or donor. The Probate Courts of Connecticut

This Trust, as an entity created by government, is subject to the government's statutes. When the Trust was created, one share certificate—the birth certificate—was printed by the Bank Note Company and given to the child who, as the holder, became the beneficiary of the Trust.

beneficiary, n.1. A person for whose benefit a trust is created;  a cestui que trust. Black's Law Dictionary 4th Ed.

This Trust is either a great benefit or a frustrating drain on the holder if he is not able to differentiate between being the Beneficiary and the Trustee. When he does not assert his role as the Beneficiary he is assumed to be the Trustee since one cannot be both the Beneficiary and the Trustee

trustee, n.1. One who, having legal title to property, holds it in trust for the benefit of another and owes a fiduciary duty to that beneficiary. Black's Law Dictionary 4th Ed.

The Trustee has a Fiduciary duty to benefit the holder of the certificate i.e. the Beneficiary.

fiduciary, n.1. A person who is required to act for the benefit of another person on all matters within the scope of their relationship.

We need to identify the Trustee who owes a fiduciary duty to the Beneficiary. If the Trustee is not known to you, perhaps you'd like to assign that duty to the judge or the prosecutor in your case…

When the 'name' receives a traffic offence notice, it is the Trust that is being charged, not the individual holding the 'name' and it is the fiduciary duty of the Trustee to resolve this offence for the beneficiary using, if necessary, the funds of the Trust. Any cost should not come out of the pocket of the Beneficiary!

So, are you the trustee or the beneficiary?

Use what you read here as a part of your research to establish your understanding.
Your actions remain your responsibility.
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