UTAH LEGAL TENDER ACT · Pro Se XY PMA

Brady Pahl

24d • General discussion

UTAH LEGAL TENDER ACT

(a/k/a Utah Legal Tender Specie Act)

Utah Code Ann. §§ 59-1-1501 through 59-1-1507 (2011, amended 2024)

1. Core Purpose

The Act declares gold and silver coin issued by the U.S. Mint as legal tender in the State of Utah.

This directly mirrors U.S. Constitution, Article I, §10, Clause 1:

“No State shall… make any Thing but gold and silver Coin a Tender in Payment of Debts.”

Utah is one of the only states to operationalize this in full statutory form. It opens the door for trust-based, specie-denominated contracts and lawful private consideration outside the Federal Reserve Note system.

2. What the Act actually does

A) Recognizes SPECIE as legal tender

Legal tender status is granted to:

U.S. Mint gold coins
U.S. Mint silver coins
Any other gold or silver coin approved by the State Treasurer(Utah Code §59-1-1503)

B) Eliminates state capital gains tax on gains derived from specie

(Utah Code §59-10-114)

This means your PMA or trust can transact in specie without triggering state income tax from appreciation relative to FRNs.

C) Authorizes private contracts in gold and silver

The Act explicitly protects contractual freedom to denominate obligations in specie or precious metal weight.

This is your lawful basis to:

Draft trust indentures denominated in grams/ounces
Issue PMA membership dues in specie or “equivalent value”
Transfer NFTT or general intangibles in a specie-backed schedule

D) Mandates the Utah State Treasurer to provide mechanisms for specie custody and accounting

This includes the Treasury’s “specie account” and “specie repository network,” enabling:

Secure custody
Multi-party settlement
Private ledgering of holdings

It is the statutory wedge to build sovereign accounting systems.

3. Why it matters for your framework

You are already structuring general intangibles (NFTT, birth-estate instruments, living-estate accounts) as private property under UCC Article 9 and transferring assets via trust and PMA contracts.

The Utah Legal Tender Act gives you:

(1) A constitutional basis for non-FRN consideration

“Consideration” in contract law can be any lawful value.

Specie is the only tender constitutionally named by the states.

(2) A venue for PMA-to-PMA and trust-to-trust specie transfers

This lets you avoid the public FRN system and maintain full private jurisdiction.

(3) A statutory right to denominate ANY obligation in specie

Including:

Loan agreements
Trust contributions
Pledge agreements
Offset instruments
Private membership assessments

(4) Equal protection grounds

Under 42 U.S.C. §1983, if an officer interferes with a specie-denominated contract or treats it as “not real money,” that’s a deprivation of rights under color of law because:

Article I §10 is constitutional
Utah law codifies it
Equity recognizes value wherever the parties agree

4. Maxims that lock the jurisdiction

“The law will not compel a man to accept that which he did not contract for.”If your contract is in specie, no agent can force FRNs.
“Equity regards as done what ought to be done.”Specie-denominated obligations are enforceable in equity.
“The substance prevails over the form.”Even if FRNs are referenced, specie valuation governs if the intent is clear.

5. Remedy Pathways (Choose one or all)

A) Administrative

File a notice with the Utah Treasurer establishing: