01Purpose and Applicability
This Legal Addendum supplements the TPT Financial Terms of Service and applies to educational consulting, private-structure reviews, common-law trust education, UNA education, legacy and continuity planning, document organization, administrative coordination, and professional referral support.
If a service-specific signed agreement expressly conflicts with this Addendum, the signed agreement controls for that service.
02Operator and Brand
TPT Financial is a service division of The Peoples Trusts Consulting LLC. TPT Financial is a trade or service-line designation and is not represented as a separate law firm, accounting firm, investment adviser, bank, lender, trustee company, or government agency.
03Key Definitions
04Service Boundary
TPT Financial may explain concepts, organize client-provided information, identify implementation questions, prepare nonlegal summaries, coordinate signatures or appointments, and facilitate referrals. TPT Financial does not independently determine legal validity, tax classification, exempt status, fraudulent-transfer risk, fiduciary compliance, securities status, or the legal effect of documents.
05Required Independent Professional Review
Before executing, funding, transferring assets to, operating, or relying on a trust, UNA, or related structure, the client should obtain independent legal and tax review appropriate to the client’s facts, assets, residence, business operations, family circumstances, and jurisdiction.
The client is responsible for deciding whether to accept, reject, or modify any professional recommendation.
06Structure Selection Is Fact-Specific
No structure is universally appropriate. Relevant factors may include purpose, beneficiaries, members, control, retained powers, fiduciaries, creditor history, pending claims, marital rights, tax residency, asset type, business activity, licensing, charitable activity, governance, succession, and the location of persons and property.
07FinCEN BOI Exemption No. 19 — Exact Qualification Standard
The December 2023 FinCEN Small Entity Compliance Guide listed Exemption No. 19 as “Tax-exempt entity.” It stated that an entity qualified if any one of the following criteria applied:
- the entity was an organization described in Internal Revenue Code section 501(c), determined without regard to section 508(a), and exempt from tax under section 501(a);
- the entity was described in section 501(c), had been exempt under section 501(a), and had lost that status less than 180 days earlier;
- the entity was a political organization described in section 527(e)(1) and exempt under section 527(a); or
- the entity was a trust described in section 4947(a)(1) or 4947(a)(2).
08Tax Classification and Filing
Trusts, associations, and related structures may be classified differently for federal, state, and local tax purposes based on governing documents and actual operations. The client is responsible for obtaining appropriate tax identification, filing required returns or information reports, making elections, paying taxes, maintaining substantiation, and responding to tax authorities.
09Formation, Recognition, and Good Standing
A structure’s creation, recognition, capacity, and authority may depend on state law, contract law, trust law, filing requirements, execution formalities, membership actions, trustee acceptance, and actual operations. Delivery of educational materials or administrative documents is not a government approval, court validation, tax determination, or legal opinion.
10Governance and Fiduciary Conduct
Trustees, managers, officers, members, directors, signers, and other fiduciaries or decision-makers are responsible for acting within their authority, following governing documents, avoiding prohibited self-dealing, managing conflicts, preserving records, making required disclosures, and protecting organizational property.
11Asset Transfers, Titling, and Funding
Transferring or titling assets may require lender consent, title work, recording, insurance changes, beneficiary changes, tax analysis, valuation, appraisals, contractual approval, or other formalities. Certain assets may be restricted or unsuitable for transfer. Existing liens, claims, marital rights, business agreements, and pending disputes must be considered.
12Creditor and Fraudulent-Transfer Compliance
No transfer should be made with intent to hinder, delay, or defraud a lawful creditor or to violate bankruptcy, domestic-relations, tax-collection, sanctions, anti-money-laundering, or other law. We may require written confirmation of independent legal review or decline assistance when claims, insolvency, litigation, collection activity, or compliance concerns exist.
13Banking, EIN, and Third-Party Acceptance
Banks, the IRS, payment processors, title companies, lenders, insurers, and counterparties may request documents, certifications, beneficial ownership information, tax forms, resolutions, identification, or legal opinions. Each third party decides whether to accept or service a structure. TPT Financial cannot bind or compel acceptance.
14Books, Records, and Separation
The client is responsible for maintaining current governing documents, minutes, resolutions, member or beneficiary records, trustee records, contracts, receipts, account statements, tax records, and separate financial accounts where appropriate. Commingling, undocumented transactions, personal use, or failure to follow formalities may create legal, tax, and evidentiary problems.
15Privacy and Disclosure Limits
Private governance does not eliminate lawful disclosure obligations. Information may be required by banks, tax agencies, courts, regulators, counterparties, auditors, professional advisers, or law-enforcement authorities. No service is intended to conceal information that must lawfully be disclosed.
16Prohibited Objectives and Compliance Screening
TPT Financial will not knowingly support tax evasion, fraudulent transfers, false filings, unlawful concealment, money laundering, sanctions violations, identity misuse, sham organizations, misleading charitable claims, misappropriation, or interference with court or government process.
We may request clarification, supporting documents, source-of-funds information, identification, or professional confirmation and may decline or terminate a matter at our discretion.
17Fees and Third-Party Costs
TPT Financial fees cover only the services identified in the written scope. Attorney, CPA, tax-filing, state-filing, registered-agent, trustee, banking, recording, appraisal, insurance, notary, courier, and other third-party costs are separate unless expressly included.
18No Outcome or Protection Guarantee
No educational review, document, structure, or implementation plan guarantees tax exemption, tax reduction, privacy, asset protection, creditor immunity, probate avoidance, court enforcement, banking, funding, business continuity, or preservation of wealth. Outcomes depend on law, facts, professional advice, implementation, administration, and third-party decisions.
19Order of Precedence
For the website and general services, the Privacy Policy, Terms of Service, Disclaimers, and this Addendum should be read together. For a paid engagement, the signed service-specific agreement controls where it expressly conflicts. Advice and documents issued by an independently retained professional are governed by that professional’s separate engagement.
20Survival
Payment obligations, intellectual-property rights, confidentiality duties, disclaimers, limitations of liability, indemnification, governing-law provisions, and other terms intended by their nature to survive remain effective after completion or termination.
21Contact
TPT Financial
A service division of The Peoples Trusts Consulting LLC
200 S Andrews Ave Ste 504, Fort Lauderdale, FL 33301-2066
[email protected]
Contact TPT Financial at [email protected].