Private Membership Associations

Since 1803, a famous Supreme Court case Marbury v. Madison, the Constitution as interpreted by the U.S.
Supreme Court, is the Supreme Law of the Land.

Due to the Supreme Courts positive decisions, interpretations, and opinions over the past few decades, the legal system has highlighted attention to our constitutionally protected freedom to conduct business in a PMA. When operating under a properly formed PMA, you are operating in the private domain versus the public domain.

When operating in the public domain, you are subject to the laws and regulations put in place to safeguard the general public. As long as there is no clear and present danger of substantive evil, you are free to function in the private domain outside of the authority of those same agencies.

The private domain of an association is a sanctuary, constitutional shelter, shield and preserve according to a number of U.S. Supreme Court decisions.

All businesses and industries have the ability to remove the business from the jurisdiction of public law, and to implement the protections of operating within the private domain. Today, business leaders are not taught to seek the protection of the private domain. Instead they are educated to operate their business in compliance with and subject to public law. Seeking a business license, or forming a corporation or LLC is where this compliance comes from.

Conducting business as a Corporation, LLC, foundation or even a non-profit is “a creature of the State and presumed to be operating for the benefit of the public”. You are not able to create a corporation upon your own authority, you MUST petition the state to do it on your behalf. If you could create this entity upon your own authority, it would be a private association. As a creature of the state, corporations will always be subject to their creator (the State) and regulation of public law. The answer is a properly formed PMA.

The Supreme Court has recognized that certain implicit rights—like association, privacy, and the presumption of innocence—are protected by the Constitution in the same way as explicit guarantees—like free speech. The freedom to associate and the right to free speech are inextricably linked, according to the Supreme Court.

Run a health association, or any other kind of business association, outside the jurisdiction and power
of law enforcement, federal, state, and local government entities, including activities related to
associations.

Preserve increased confidentiality regarding your association’s financial and commercial dealings.

Your relationship with your members is a private contractual relationship according to long settled
case law. The State CAN NOT impair your right to contract. Your right to contract is unlimited.

A PMA does not need any authority or permission, of any kind whatsoever, from any type of
government for its creation, or in order to continue to exist and function. As long as there is “no clear
and present danger of substantive evil”. Therefore, no permission, no licenses, registrations, title or
certificates are needed in order to operate are required.

There’s no requirement to register your unincorporated association (PMA) with the Secretary of State
as a corporation.

Increased assurance that operations can continue in an environment that is changing
politics and legislation.

Enhanced earnings as a result of advantageous and unconstrained structuring and tactics.
Operate under a legal exemption, rather than a legal loophole to conduct business, determined by
decisions made by the Supreme Court of the United States, which is the highest law in the land.

Running a business is easier with a properly formed PMA due to private protections. You can avoid
compliance regulations, and in many cases avoid the need to retain accounting documents for an
extended period of time.

Ensure the protection of your rights without government agencies infringing upon them.

NOTE- not accessible to health associations under regulation.

No member of the BAR (attorney at law) can provide you one. They can only provide a statutory compliant version of a Private Association. Their oath requires the first obligation to the court (they are an officer of the court) their second obligation is to public law and their third obligation is to their client. They are not allowed to prepare documents to remove your business or activity from the jurisdiction of the courts or public law is a violation of their oath. They are only able to draft documents that are statutory compliant. This would put you under the jurisdiction of the statutory court and removes your protections. This would invalidate the primary purpose of your PMA and you will lose you should have. An improperly founded PMA or engaging in any legal action without proper knowledge can lead to creating danger for you.

Most PMA’s in effect today are statutory complaint PMA’s and the founders are not aware that with these
PMA’s they have given up most of the protections afforded to the PMA and it members, putting themselves and members at risk. If the foundational paperwork for your PMA is not properly formed and is statutory compliant, your PMA becomes subject to public law and the courts because you have agreed to operate within statutes and codes. If your PMA is in the private domain these statutes and codes DO NOT APPLY.

There are many people across the nation that has paid exorbitant costs of $10,000 to $25,000 for the creation of their PMA’s. Ongoing expenses like maintenance fees, changes to PMA’s and membership fees are in addition to the upfront fee already paid. Not only did they pay too much, but they also have a statutory compliant PMA that gives up the protections they were initially seeking. Be careful to ensure that whoever you choose to help you, knows the difference between a properly formed PMA and a statutory compliant PMA.

Members of a properly formed PMA have more rights to accomplish their personal goals and objectives within that association than they do in the public domain.