3/9/25, 11:39 AM Roman and Ucadian Trusts | Setting Up and Using Your Trust Accounts
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A Trust Account is an account relationship established with a third party Introduction
(usually a bank) for the administration of assets of the trust. When this Birth Certificates
occurs, the trustee(s) is defined as the bailor, the bank as the bailee and
Indulgences
the legal relationship called bailment.
Seals
Power of Attorney
Notarial Process
Bailment and Banks
Color in Law
As defined above, bailment is the legal definition used within Roman and Trusts
Western Courts to define the relationship between one person ("bailor") Trust Numbers
transferring property to another ("bailee") for safekeeping. Trust ID
Trust Deed
Bailment is distinguished from other forms of property transfer such as
Trust Registration
contract of sale, or gift by deed of property, as it traditionally only involves
Registration IRS
the transfer of possession and not its ownership.
Trust Bank Accounts
A further difference with bailment to other forms of property transfer is Trustee Seals
that a valid bailment requires that the bailee must both intend to possess, UCC
and actually physically possess, the bailable chattel.
Deposit and Special Deposit Accounts and Bailment
When personal property or chattel is transferred to a bank through the
legal process of bailment, it is done by one of two ways: Deposit or Special
Deposit. The word deposit comes from the Latin depono which in this case
means literally "to entrust, commit to the care of".
A standard Deposit Account is considered under Western (Roman) Law to
be a gratuitous bailment whereby the personal property or chattel is given
to the bank and the bank is usually only liable for loss caused by gross
negligence. Furthermore, banks have taken the gratuity aspect of a general
Deposit to the point of extreme fraud in treating it now as a gift, grant or
conveyance of ownership with the bailor now being considered as a mere
beneficiary.
A Special Deposit Account (SDA) is defended consistently under Western
(Roman) Law not to be a gratuitous bailment but a trust relationship
whereby the bailee (bank) is obliged to undertake a high duty of care and is
liable for any loss or injury to the property. Furthermore, it is regarded by
the laws, case law and rulings of Western (Roman) Law that a bailee (bank)
under a Special Deposit relationship has no right to handle, or examine the
property, except so far as its safety may require.
Given this knowledge, all Trustees should seek to establish Special Deposit
accounts for the administration of Trust Property and not Deposit accounts.
Establishing a Special Deposit Bank Account
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3/9/25, 11:39 AM Roman and Ucadian Trusts | Setting Up and Using Your Trust Accounts
Most large commercial banks provide the service of Special Deposit
Accounts upon application. Given their nature, some may require a
minimum value of personal property or chattel be deposited before
accepting an application. Therefore, for some Trustees, the opening of a
Special Deposit Account may be delayed until one or more instruments of
sufficient value are available.
In normally circumstances, a bank will require the following kind of
standard information before accepting a new Special Deposit Account:
1. A completed application form of the Bank; and
2. A copy of a signed and sealed Deed of Trust; and
3. An EIN or some other tax registration number; and
4. Some proof of identification of the Trustee, which may include a copy of
the Live Borne Record as well as other Trust Identification
What happens if a bank does not agree to opening a special deposit
account?
Like any business, a bank may decline to manage a Special Deposit Account
for the Trust. Given it is a trust relationship, the Bank has every right to
decline.
Therefore, some other bank should be contacted to seek the same service.
However, a distinction must be made between the acceptance of a Bank to
enter into a standard Special Deposit Account (SDA) relationship and the
same bank declining the deposit of a perfected instrument such as an
endorsed bill.
Should a bank decline the deposit of a perfected instrument such as an
endorsed bill, then such an action constitutes an injury to the trust and
may be pursued as its own injury.
DISCLAIMER: The information produced above is for education purposes only and does not purport to
be an official ruling, decision or action. Nor should the information in anyway be construed as legal
advice. The use of the information is at the discretion of the reader and no liability shall be
accepted in the event of its use. Always seek the advice of educated, reputable and honorable
scholars of law first, before any action involving the law.
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