How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Legal Eagle Your Own Question
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 5266
Experience:  Licensed to practice before state and federal court
97407003
Type Your Legal Question Here...
Legal Eagle is online now
A new question is answered every 9 seconds

A consulting service in the USA is unincorporated, and owned

This answer was rated:

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.

Also, although I provided an initial answer, it’s important that you are 100% satisfied. If you feel I have done so, please rate me 5 stars and let me know if you have any follow up questions. As a side note, you can also click here in the future to request me individually.

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.

Legal Eagle and 2 other Legal Specialists are ready to help you