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Legal Eagle
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Experience:  Licensed to practice before state and federal court
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A consulting service in the USA is unincorporated, and owned

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A consulting service in the USA is unincorporated, and owned by a foreign trust. Under what authority do state and federal agency's exercise statutory codes?

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today. If I understand your question correctly, the state and federal government are going to exercise their authority on the basis that the business is doing business in the state/United States. For instance, most state laws say that all businesses doing business in the state are subject to certain rules and regulations. The federal government may regulate some industries such as narcotics, and if a business is engaged in that kind of business, the fact that the business is in the U.S., even if it is unincorporated, will bring it within its jurisdiction.

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Customer: replied 1 month ago.
The basis of the question is from where do the agency's claim to have the authority of regulation to impose the controlling statutes, codes etc.? If not licensed, or incorporated, where is the consent to submit to the jurisdiction? e.g. If one does not voluntarily ask and receive a drivers license, under what contract is he subject? Just because they will "say" this or that, is true, but I was looking for the basis of actual authority, if it exists, upon which "they" can claim to assume authority without the corporate privilege nexus or the consent to the agreement to be subject to such claimed authority.

I understand what you mean. But believe me when I say so long as you are operating a business within the borders of the United States, even if it is unincorporated, then you will be subject to state and/or federal laws. The court gets their authority from laws that are drafted by the state or federal congress. You don't need to consent to be within their jurisdiction at all. The states have what's called "police power" under the 10th Amendment to the Constitution, meaning that they have the authority to regulate just about anything they want. The federal government has authority of all interstate commerce meaning that if you do business across state lines, then you're subject to the laws regulating interstate commerce.

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