Wednesday, February 10, 2010

CANADIAN Corporate Inquiries

CANADIAN Corporate Inquiries--

With everyone on the latest, CANADA is a corporation argument, I felt it time to add a couple of comments on this issue.

Virtually every city in Canada is a corporation, yet no one offers a word of complaint. Indeed, many people seem to take great pride in this fact especially for smaller cities and towns. Why is everyone so up in arms about there being a corporation called CANADA and not about their own cities? We
have much more power to unincorporate our local cities and towns than CANADA registered in Washington, yet no one has even made any attempt to so do.

CANADA is, it appears, registered as a corporation in Washington. I have found no evidence that there is a company called CANADA registered IN Canada.
It does not appear that CANADA is a publically traded corporation, where someone with enough money can simply buy up the company and run our country from a foreign nation for example. (Remembering of course that he who has the gold make the rules - ie: the banks still run our country and have since 1867, 60 years prior to CANADA being registered in the US)

Speaking on this point, is CANADA actually registered with any Corporations Department in the U.S. or just with the Securities Commission? ** Very important point.
Companies for example here, must be registered with the Corporations Department of a province or with the Federal Government. This is what actually creates the legal corporation, not registering something on Bay St. TSO.
What evidence do we have that there is actually a corporation called CANADA registered with the U.S. Federal Goverment or that of any State to actually create this corporation called CANADA? This information is a must.

Although CANADA IS registered with the US Securities Commission, what is the effect of this? Does anyone truly know, as opposed to hypothesis? Is it registered there only for purposes of raising monies on the foreign exchange markets? Remember too, that the Canadian Parliament has always been considered as a body politic, similar if not identical to a corporation in that it exists independent of its members, who could be voted out the next day, yet Parliament still remains and functions. Apparently many other countries are also so registered, though admittedly this does not alter the nature and effect of CANADA being so registered.

Is this purported incorporation of CANADA upon the U.S. Securities Commission proof that CANADA is a corporation in relation to all home and foreign based activities?
Would CANADA not have to be registered here in Canada to be a Canadian company in order to effect Canadian home based activities? Or minimally with a foreign federal gov't?

Certainly if the Canadian Government registered with the U.S. government as a corporation, bound by the rules of incorporating therein, the U.S. gov't would have a measure of power and control over our foreign government and so doing, could likely give grounds for actions in treason. But setting up a different corporation on a Securities Commission?

Being registered with the U.S. Securities Commission however does not, I believe, award the U.S. Government any power and control over Canada anymore that than it does over any other Canadian based company, though Canada would have to comply with the rules of the Securities Commission as much as every other corporation and entity registered therewith and same as joining any other 'group' to speak allegorally.

Most importantly, does the fact that Canada has decided to set up a corporation called CANADA in the U.S. Securities Commission, automatically mean that our Parliament is this corporation? Or the Government of Canada?

Could Parliament or the Gov't not create 1000 companies? Does this mean that Parliament is actually this corporation? Is there any evidence that this corporation is what actually runs the country, as opposed to Parliament itself?

This situation may be no different than myself being leader of an unincorporated city and setting up various corporations in the exercise of my power. Does so doing actually make the corporation running the city? Or city council? Or are these simply corporations set up to better permit ME to so do? (subjectively speaking of course)

In either case, is this not simply a 'confirmation' if I may use that term, of the body politic or body corporate structure that has already been in place for hundreds of years even into English Parliamentary history which views their Parliamentary structure in this same manner?

Although Parliament is somewhat run in the manner of a corporation, existing as it does in the legal fiction world, year after year, notwithstanding who its members are, what evidence do we have that Parliament is actually this corporation?

I don't believe Parliament can be incorporated in this manner. The government of Canada however may be different, bearing in mind that we have a new gov't every 4 years, but this does not render our country (admittedly de facto) without a gov't for any period of time, it too simply continues. However, again, is the Gov't of Canada (as opposed to Parliament) actually this Securities Commission corporation called CANADA for purposes of running the country and controlling our destiny, or simply the controlling mind who has created this corporation called CANADA for purposes of raising funds in the Commission, to permit Canada to have the money to operate? (knowing as we do of course, that Canada can raise its own money, but that is another issue)

I thank those who recently discovered more information on this issue and I have forwarded this to the Canadian Government in support of my previous Access to Information Request demanding information and documentation on this issue.

Their original report was somewhat vague and non-responsive - especially in light of this most recent evidence. They basically took the position that Canada was simply registered as a foreign government to
"support borrowing undertakings". They admitted to the existence of the prospectus that was recently sent around on the net as well, though they did not provide it as I demanded. I now have it thanks to Sam and a few others who were kind enough to send the link out to their list.

As everyone who knows me will admit, I don't like conclusions based upon want of information. We need more information as to how and why this corporation was set up - and most imporantly, its relation to our actual governing structure. We need to know if Canada is actually a corporation as opposed to the Gov't of Canada actually creating a corporation to do work for it in a certain area, ie: the corporation responds to the Gov't, the corporation is not in control of the Gov't. Does anyone have time to search through Hansards circa 1933 when this corporation was apparently set up for any comments that may have been made?

I will keep everyone in the loop when I receive word back from my latest Access Request. There are many questions left unanswered, more than I have referenced above. Let's get these answers first, prior to making conclusions and spreading what may be false information, and which only lowers our credibility for all of us. Far too many people have simply jumped on this issue assuming certain conclusions - actions which have been demonstrably shown to be erroneous upon many other issues.

I have no evidence BTW, that any of the provinces are incorporated and was wondering if anyone else does?

in freedom I remain,

David-Kevin: Lindsay

Government Corporations Operation Act

This Act, pursuant to s.2, only applies to a corporation incorporated under the
Federal Canada Corporations Act or Canada Business Corporations Act,
where "..all of the issued shares of which are owned by or held in trust for Her
Majesty in Right OF Canada".


s. 6 requires that there must be a "proclamation" issued by the Governor in Council,
declaring that this Act applies to that Corporation.

I have found no such Proclamation, however this is not to say that one doesn't exist.
Also, the Department of Finance informed me that there are no shareholders in the
U.S. corporation called CANADA. Their reply to me however was more in the nature of
a pro forma response as opposed to anything of substance or investigative research.

If there were shares and we were lied to, and if there was a proclamation
which is not published for some reason, than this Act could apply to the U.S.
company called CANADA, which, pursuant to s. 3 of this Act, would be, "..an agent
of Her Majesty in Right of Canada".

This would likely agree with my prior comments that this U.S. Securities Committee
company is likely only an agent of sorts of the Queen, it is not a recognition that
the Gov't of Canada nor Parliament is itself this or any other corporation.

Below are quotes from the Canada Corporations Act. My initial reading of this Act, is that
it does not permit Parliament to create a company which includings banking or issue of
paper money. Would this not include CANADA as registered in the U.S. Securities Commission,
who would after all, be in the business of raising investor capital upon which the government
has authorized some, like banks, to create or issue money/credit? Some interesting points.

Also, we should check with Minister of Consumer and Corporate affairs to get first hand evidence
if there is a corporation actually registered there called CANADA.

More questions to be inquired upon for sure, and answers to get. But it does open a
possibility.


Formation of New Companies
Incorporation of companies

5. (1) Subject to this section, the Minister may, by letters patent under his seal of office, grant a charter to any number of persons, not less than three, being eighteen years of age or over and having power under law to contract, who apply therefor, constituting such persons, and such other persons as thereafter become shareholders in the company thereby created, a body corporate and politic for any of the objects to which the legislative authority of the Parliament of Canada extends.

Objects prohibited

(2) The Minister may not incorporate a company whose objects are or include
(a) the construction or working of telegraph or telephone line within Canada; or

(b) the business of banking or the issue of paper money.

Insurance, trust and loan companies

(3) The Minister may not incorporate a company whose objects are or include
(a) the business of insurance within the meaning of the Canadian and British Insurance Companies Act except as authorized by that Act;

(b) the business of a trust company within the meaning of the Trust Companies Act except as authorized by that Act;

(c) the business of a loan company within the meaning of the Loan Companies Act except as authorized by that Act; or

(d) the construction or operation of a railway in Canada except as authorized by the Railway Act.

Other special companies

(4) Except as provided by sections 5.1 to 5.3, the Minister may not incorporate a company whose objects are or include
(a) the construction or operation of a pipeline for the transmission of oil or gas as defined in the National Energy Board Act;

(b) the construction or operation of a commodity pipeline as defined in the National Transportation Act; or

(c) the business of a money lender within the meaning of the Small Loans Act.

R.S., 1970, c. C-32, s. 5; R.S., 1970, c. 10(1st Supp.), s. 3; 1985, c. 26, s. 85.


http://www.canadastreetnews.com/carpconverters.htm

________________________________________________________________________________

Update: Feb 8/10
It appears that each country needs to register themselves because of:
"SCHEDULE B OF THE SECURITIES ACT OF 1933"
http://www.law.uc.edu/CCL/33Act/schedb.html

I was also looking for reference of this Corporation in SEC documents and found this statement:
FISCAL AGENCY AGREEMENT dated as of January 13, 2010, between Her Majesty in right of Canada, as represented by the Minister of Finance, (“Canada”).
So it would seem the finance Minister represents her Majesty in right of Canada for SEC dealings and is represented on the Security and Exchange commission as Canada.
http://www.sec.gov/Archives/edgar/data/230098/000095012310002040/m58656a1exv99we.htm

Here is the type of activity the government is involved in..
http://www.bankofcanada.ca/en/rates/bonds.html

and also..

"We are counsel to the Canada Pension Plan Investment Board (the "CPP Investment
Board") and are writing on its behalf to request the assurance of staff ("Staff') of the United
States Securities and Exchange Commission (the "Commission") that it will not recommend
enforcement action to the Commission if the CPP Investment Board reports beneficial ownership
of equity securities of an issuer registered pursuant to Section 12 of the Securities Exchange Act
of 1934, as amended (the "1934 Act") ("registered equity securities") pursuant to Section 13(d)
of the 1934 Act on Schedule 13G in those circumstances in which ownership could be so
reported if the CPP Investment Board was a qualified institutional investor meeting the
requirements of Rule 13d-l(b)(l)(ii). This request is being made only with respect to
investments made in the ordinary course of business and not with the purpose or effect of
changing or influencing the control of the issuer, or in connection with or as a participant in any
transaction having such purpose or effect."
http://www.sec.gov/divisions/corpfin/cf-noaction/canadapension050506-incoming.pdf

The Canadian Government would have had to fill out a 18-K/A Form in order to sell securities in America
as shown in this SEC document:
http://www.sec.gov/Archives/edgar/data/230098/999999999702056961/9999999997-02-056961.txt

You will notice that the STANDARD INDUSTRIAL CLASSIFICATION is- UNKNOWN SIC - 8880 [8880]
The Standard Industrial Classification Codes that appear in a company's disseminated EDGAR filings indicate the company's type of business. These codes are also used in the Division of Corporation Finance as a basis for assigning review responsibility for the company's filings. For example, a company whose business was Metal Mining (SIC 1000) would have its filings reviewed by staffers in A/D Office 4
And SIC 8880 is AMERICAN DEPOSITARY RECEIPTS.
So everything points to this SEC entry stating Canada is NOT a company and that Countries are often listed in the SEC database. It doesn't appear that Canada is a corporations at all, just because we have an entry in a database does not imply we are a Corporation, especially when the entries state that these government entries are NOT corporations.


Here is a blank 18-K/A form that governments have to fill out:
http://www.sec.gov/about/forms/form18-k.pdf
Where it states "This form is to be used for the annual reports of foreign governments or political subdivisions thereof, except any public corporation or other autonomous entity in the nature of a political subdivision, other than a state, province, county or municipality or similar body politic, which, at its option, has registered securities on Form 21 in lieu of Form 18"

If you look at the Form 18-K/A you will also understand why the Canadian Embassy office in the United States is listed as our address..
Written on Sunday ·

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