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The UCC 1-308 form, also known as the Affidavit of Reservation of Rights, serves as an important tool for individuals who wish to assert and protect their legal rights in various transactions. This form allows a person to explicitly reserve their rights while engaging in performance or acceptance under a contract, ensuring that their actions do not imply waiver of those rights. It is rooted in the Uniform Commercial Code, specifically UCC 1-308, which emphasizes that a party can perform or promise performance while still maintaining their rights. Key elements of the form include the declaration of sovereignty, the assertion of non-citizenship status under U.S. law, and a clear statement of intent to reject any silent contracts or agreements that may undermine one's autonomy. Furthermore, it underscores the importance of public notice, indicating that communication to agents is equally valid as communication to principals. Individuals completing the form must affirm their identity and intentions, often in the presence of a notary public, to lend legal weight to their assertions. By utilizing this form, individuals can safeguard their rights and assert their status in legal and commercial matters, reinforcing their autonomy and control over their personal and financial affairs.

Common mistakes

  1. Incomplete Information: Failing to fill in all required fields can lead to delays or rejections. Ensure every section is completed accurately, including your name, address, and contact details.

  2. Incorrect Formatting: Using improper formatting can cause confusion. Follow the specified format for names and addresses, and avoid unnecessary symbols or punctuation.

  3. Missing Signatures: Not signing the affidavit can invalidate the document. Always ensure that you sign in the designated area and include the date of signing.

  4. Neglecting Notary Requirements: Forgetting to have the document notarized can lead to issues. Make sure to have a notary public witness your signature and complete their section.

  5. Ignoring Local Laws: Each state may have specific requirements for filing. Be aware of local regulations and ensure compliance to avoid complications.

  6. Overlooking Reservation Language: Failing to include explicit language about reserving rights can diminish the effectiveness of the affidavit. Use clear terms like "without prejudice" to protect your rights.

Example - Ucc 1 308 Form

Affidavit of reservation of rights UCC 1-308/1-207

PUBLIC

THIS IS A PUBLIC COMMUNICATION TO ALL Notice to agents is notice to principles

Notice to principles is Notice to Agents Applications to all successors and assigns All are without excuse

____________ : ______, sui juris

All rights reserved UCC 1-308/1-207

c/o _________________________________

________, ________ a republic near [_____]

Phone: [ _________________ ]

Non-domestic without the United States

Let it be known to all that I, ____________ : ______ explicitly reserve all of my rights. See UCC1-308

which was formally UCC 1-207.

“§ 1-308. Performance or Acceptance Under Reservation of Rights.

(a)A party that with explicit reservation of rights performs or promises performance or assents to performance in a manner demanded or offered by the other party does not thereby prejudice the rights reserved. Such words as "without prejudice," "under protest," or the like are sufficient.

I retain all of my rights and liberties at all times and in all places, nunc pro tunc (now for then) from the time of my birth and forevermore. Further, I retain my rights not to be compelled to perform under any contract or commercial agreement that I did not enter knowingly, voluntarily and intentionally. And furthermore, I do not accept the liability of the compelled benefit of any unrevealed contract or commercial agreement. I am not ever subject to silent contracts and have never knowingly or willingly contracted away my sovereignty.

Further, I am not a United States citizen or a 14th amendment citizen. I am a Sovereign of the republic and reject any attempted expatriation. See 15 untied States statue at large, July 27th, 1868 also known as the expatriation statue.

Violation fee of my liberty is $250,000 per incident or per 15 minutes or any part thereof. Wherefore all have undeniable knowledge.

AFFIDAVIT

Affiant, ____________ : ______, sui juris, a natural born Sovereign of _________ in its dejure

capacity as a republic and as one of the several states of the union created by the constitution for the united States of America 1777/1789. This incidentally makes me an American national and a common man of the Sovereign People, does swear and affirm that Affiant has scribed and read the foregoing facts, ad in accordance with the best of Affiant’s firsthand knowledge and conviction, such are true, correct, complete, and not misleading, the truth, the whole truth, and nothing but the truth.

Signed By: ________________________________ sui juris, This Affidavit is dated ______________

NOTARY PUBLIC

State_____________ County __________________

Subscribed and sworn to before me a, Notary Public, the above signed ____________ : ______,

This _______ day of ________, _______ year

___________________________________

Notary Public

MY COMMISSION EXPIRES: ___________________

FILLED OUT EXAMPLE

Affidavit of reservation of rights UCC 1-308/1-207

PUBLIC

John-Raymond: Doe, sui j uris

THIS IS A PUBLIC COMM UNICATION TO ALL

All rights reserved UCC 1-308/1-207

Notice to agents is notice to principles

c/o 1218 Graymont Boulevard

Notice to principles is Notice to Agents

Nashville, Tennessee a republic near (372 14]

Applications to all successors and as.signs

Phone: [6 15-555-1 212]

All are without excuse

Non-domestic without the United States

Let it be known to all that I, John-Raymond : Doe explicitly reserve all of my rights. See UCCl -308 which was forma lly IJCC 1-207.

AFFIDAVIT

Affiant. John-Raymond: Doe. sui iuris. a natural born Sovereign ofTennessee in its dejure

capacity as a republic and as one of the several states of the union created by the constitution for the united States of America 1777/1 789. This incidentally makes me an American national and a common man of the Sovereign People, does swear and affirm that Affiant has scribed and read the fo regoing

facts. ad in accordance with the best ofAffiant's firsthand knowledge and conviction. such arc true,

correc~ complete, and not misleading, the truth, the whole truth, and nothing but the truth.

Signed By: _____________ sui juris, This Affidavit is dated ______

NOTARY PUBLIC

State______ County ________

Subscribed and sworn to before me a, Notary Public, the above signed ,John-R aymond: Doe, T his ___ day of______year

Notary Public

MY COMMISSION EXPIRES: _______

More About Ucc 1 308

What is the UCC 1-308 form used for?

The UCC 1-308 form, also known as the Affidavit of Reservation of Rights, is primarily used to assert an individual's rights in legal and commercial contexts. By filing this form, a person explicitly reserves their rights under the Uniform Commercial Code (UCC), particularly Section 1-308. This section allows individuals to perform or agree to performance without waiving their rights, provided they do so with an explicit reservation. This form can serve as a notice to others that the individual does not accept any liabilities or obligations that may arise from contracts or agreements they did not knowingly or voluntarily enter into.

Who can use the UCC 1-308 form?

The UCC 1-308 form can be utilized by any individual who wishes to assert their rights, particularly those who identify as sovereign individuals or those who reject certain legal classifications, such as being a U.S. citizen under the 14th Amendment. It is often employed by people who feel that their rights may be compromised in legal or commercial dealings. However, it is essential to understand that the effectiveness and acceptance of this form can vary based on jurisdiction and the specific circumstances involved.

What are the implications of filing a UCC 1-308 form?

Filing a UCC 1-308 form can have several implications. It serves as a formal declaration that the individual is reserving their rights and does not consent to any obligations not voluntarily accepted. This can act as a protective measure against perceived infringements on personal liberties. However, it is important to note that the legal enforceability of such declarations can be subject to interpretation by courts. Additionally, while it may assert one's position, it does not guarantee immunity from legal obligations or liabilities that may arise in other contexts.

How should the UCC 1-308 form be completed?

To complete the UCC 1-308 form, individuals must fill in their name and address, clearly state their intention to reserve rights, and include relevant details as outlined in the form. It is important to include a declaration of their status, such as identifying as a sovereign individual, and to provide a signature. The form should also be notarized to enhance its legitimacy. Properly completing the form ensures that the individual's intentions are clear and that the document can be effectively used in legal or commercial matters.

Key takeaways

Filling out and using the UCC 1-308 form is an important process for individuals who wish to reserve their rights. Here are some key takeaways to keep in mind:

  • Understand the Purpose: The UCC 1-308 form allows individuals to explicitly reserve their rights when entering into agreements or performing under contracts.
  • Correct Information: Ensure all personal information is accurate, including your name, address, and any relevant identifiers.
  • Explicit Reservation: Include phrases like "without prejudice" or "under protest" to clearly indicate that you are reserving your rights.
  • Affidavit Requirement: The form must include an affidavit, which is a sworn statement affirming the truth of the information provided.
  • Notary Public: The document must be signed in the presence of a notary public to validate your signature and the affidavit.
  • Keep Copies: Always retain copies of the completed form for your records. This can be useful for future reference or disputes.
  • Awareness of Rights: Familiarize yourself with your rights under UCC 1-308 to ensure you are fully informed about your legal standing.
  • Consult a Professional: If uncertain about any part of the process, consider seeking advice from a legal professional to ensure compliance and understanding.

By following these guidelines, individuals can effectively use the UCC 1-308 form to protect their rights and interests.

Form Attributes

Fact Name Description
Purpose The UCC 1-308 form serves as an affidavit for reserving rights, allowing individuals to explicitly state their intention to retain certain rights under the Uniform Commercial Code.
Legal Basis This form is based on UCC § 1-308, which outlines the performance or acceptance under reservation of rights, ensuring that such actions do not prejudice the rights reserved.
State Variability While the UCC is a uniform act, specific requirements for filing may vary by state. For example, in California, the governing law includes the California Commercial Code.
Public Communication The form is labeled as a public communication, indicating that it is intended to inform all parties involved about the reserving of rights.
Affiant's Declaration The individual filling out the form, known as the affiant, must declare their status as sui juris, meaning they are capable of managing their own affairs and are not under any legal disability.
Reservation of Rights By using this form, individuals assert that they do not accept liability for any obligations arising from contracts they did not knowingly enter into.
Expatriation Reference The form references the expatriation statute, emphasizing the affiant's claim to sovereignty and rejection of certain citizenship statuses.
Violation Fee The form includes a stipulated violation fee for infringement of rights, set at $250,000 per incident or every 15 minutes of violation.
Notary Requirement To be valid, the affidavit must be notarized, confirming that the affiant's signature is genuine and that they have sworn to the truthfulness of the statements made.

Dos and Don'ts

When filling out the UCC 1-308 form, there are several important practices to keep in mind. Below is a list of things you should and shouldn't do to ensure that your form is completed correctly.

  • Do ensure that all personal information is accurate and complete.
  • Do clearly state your intention to reserve your rights in the appropriate section.
  • Do use clear and concise language throughout the form.
  • Do sign the affidavit in the designated area to validate your statement.
  • Don't leave any required fields blank; this could delay processing.
  • Don't use vague or ambiguous language that could lead to misinterpretation.
  • Don't forget to date your affidavit; an undated document may be considered invalid.
  • Don't neglect to have your document notarized, as this is often a requirement for official filings.

By following these guidelines, you can help ensure that your UCC 1-308 form is filled out correctly and effectively communicates your intentions. Remember, clarity and accuracy are key components in legal documents.