Statutory Declaration And Indemnity: Fill & Download for Free

This is an interesting question and I welcome my North American colleagues to add their points of view. From my observations, some of the major differences I see are:Number of statutory laws governing Bankruptcy: USA has one (1) Federal Law being the US Bankruptcy Code (U.S. Code: Title 11 - BANKRUPTCY). In Australia, there are two (2) Federal Laws, those being: The Bankruptcy Act, 1966 (http://www.austlii.edu.au/au/legis/cth/consol_act/ba1966142/ ); and The Corporations Act, 2001 (http://www.austlii.edu.au/au/legis/cth/consol_act/ca2001172/). The Bankruptcy Act deals with the bankruptcy and 'reorganisation' of natural persons. The Corporations Act deals with the winding up and 'reorganisation' of companies and other incorporated entities.Who drives the process: The US Bankruptcy Code appears to be driven by the Bankruptcy Court. Bankruptcy and 'reorganisation' is initiated and supervised though the Bankruptcy Court who plays an active role in the process (i.e., approving reorganisation plans). In Australia, the process is mainly driven by creditors. The Courts only get involved when required (i.e, disputes, questions of law, ex parte applications, remuneration applications, litigation etc.). The Australian law places a significant responsibility on the shoulders of a Bankruptcy Trustee or Registered Liquidator who act in a quasi-judicial role and are monitored and regulated by two (2) government departments. In most reorganisation cases in Australia, the Courts do not need to get involved, if creditors agree to a proposal to reorganise, then it becomes binding.Discharge of debts: The US Bankruptcy Code allows for the discharge of most debts except: most taxes, child support, most student loans, court fines (including criminal restitution), personal injury caused by drunk driving or under the influence of drugs. In Australia, the Bankruptcy Act (which deals with natural persons) has a similar list of exclusions, except taxes and child support are debts which can be discharged. Further, debts that represent unliquidated damages for a breach of contract, are not dischargable debts under the Australian legal system. The interesting contrast here is that under the Corporations Act (which deals with companies and incorporated entities) all debts and all claims are dischargable, whether they have been quantified or not.The Professionals involved: Trustees appointed by the US Bankruptcy Code are attorneys and/or accountants. Under the Australian System, the Bankruptcy Trustee or Registered Liquidator are qualified accountants (although there is talk that lawyers may soon be able to be appointed).The appointment of a Trustee: What is interesting is that under a Chapter 7 Bankruptcy (US Bankruptcy Code), a 'Panel Trustee' is appointed at random to a bankruptcy case to ensure that debtors or their attorneys don't "trustee shop" for a specific Panel Trustee. In the Australian system, a debtor or their lawyer can pick their Trustee or Liquidator as long as the Trustee or Liquidator signs a 'consent form' agreeing to be appointed and must provide creditors with a Declaration of Independence, Relevant Relationships and Indemnities ("DIRRI") in their first communication, explaining why their appointment will not impact their independence and ability to act objectively. As long as a Trustee or Liquidator can demonstrate their independence, then there should be no reason why they cannot act in their capacity.I am sure that there are several more differences between the US and Australian 'bankruptcy systems' and I am sure you could spend a life time (or a PHD) discovering all the differences. The difference I find most interesting is that the US operates all bankruptcy matters under one (1) law. Australia has two (2). Australia deals with natural persons differently to corporations.Personally, I find that the Corporations Act provides a very 'black and white' position on business failure and reorganisation, whereas Bankruptcy Act has a few grey areas. There is talk within the profession of merging the insolvency laws of natural persons and corporations into one law. There is also talk of Australia adopting more of the US' bankruptcy laws to promote the survival of businesses during tough economic times.

Hi Deepak,Thanks for asking the question. I have heard of this service recently and i have mixed feelings about it.There are two parts of your questions, and i will answer them one by one.Q1. Security issuesI looked through their website and they have following explanation for the security concernSecurity Guidelines - Deliver With MeUsual statements of parcel being sourced from reputed e-com players and also checked etc.Q2. What are my views, will I be willing to do this?I might, if they provide me an declaration with indemnity word written on it. Indemnity from package being fraudulent, not containing any contraband or prohibited item.But I have an additional problem with the service - what about statutory compliance, such as octroi, sales tax / VAT compliance invoices etc, road-permits (essentially I am carrying a package and hence it will get governed by transport carriers act, i guess). Here before connecting myself to their services, I would like to get satisfied on these aspects.Hope I have answer your question to certain extent. Thanks.

Yes, but only certain civilians who work with the military can be considered a veteran and/or receive benefits, and only if Congress has already passed the law making that particular individual or category of person eligible to be a “veteran” as defined in US law.Or, if Congress passes a law in the future that makes such persons eligible as veterans.Here is the official list of “civilian veterans” under US law and regulation…notice there are dozens of types of persons to whom Congress has extended “veteran” status, and veterans benefits in most cases:38 CFR § 3.7 - Individuals and groups considered to have performed active military, naval, or air service.See the list of types of civilians who are deemed, for veterans purposes, to be statutory veterans. For the most part, this is/was due to their service during WWI or WWII, such as the civilian contractors who helped defend Wake Island alongside the Marines, Sailors, and soldiers there. Another group was just approved in 2020, certain civilians who served with US forces in SE Asia during the Vietnam War.Examples include:§ 3.7 Individuals and groups considered to have performed active military, naval, or air service.The following individuals and groups are considered to have performed active military, naval, or air service:(a) Aerial transportation of mail (Pub. L. 140, 73d Congress). Persons who were injured or died while serving under conditions set forth in Pub. L. 140, 73d Congress.and,(i) Contract surgeons. For compensation and dependency and indemnity compensation, if the disability or death was the result of disease or injury contracted in line of duty during a war period while actually performing the duties of assistant surgeon or acting assistant surgeon with any military force in the field, or in transit or in hospital.and(p) Philippine Scouts and others. See § 3.40.and(t) Training camps. Members of training camps authorized by section 54 of the National Defense Act, except members of Student Army Training Corps Camps at the Presidio of San Francisco, Plattsburg, New York, Fort Sheridan, Illinois, Howard University, Washington, D.C., Camp Perry, Ohio, and Camp Hancock, Georgia, from July 18, 1918, to September 16, 1918.and(w) Russian Railway Service Corps. Service during World War I as certified by the Secretary of the Army.and(x) Active military service certified as such under section 401 of Pub. L. 95-202. Such service if certified by the Secretary of Defense as active military service and if a discharge under honorable conditions is issued by the Secretary. The effective dates for an award based upon such service shall be as provided by § 3.400(z) and 38 U.S.C. 5110, except that in no event shall such an award be made effective earlier than November 23, 1977. Service in the following groups has been certified as active military service.(1) Women's Air Forces Service Pilots (WASP).(2) Signal Corps Female Telephone Operators Unit of World War I.(3) Engineer Field Clerks (WWI).(4) Women's Army Auxiliary Corps (WAAC).(5) Quartermaster Corps Female Clerical Employees serving with the AEF (American Expeditionary Forces) in World War I.(6) Civilian Employees of Pacific Naval Air Bases Who Actively Participated in Defense of Wake Island During World War II.(7) Reconstruction Aides and Dietitians in World War I.(8) Male Civilian Ferry Pilots.(9) Wake Island Defenders from Guam.(10) Civilian Personnel Assigned to the Secret Intelligence Element of the OSS.(11) Guam Combat Patrol.(12) Quartermaster Corps Keswick Crew on Corregidor (WWII).(13) U.S. Civilian Volunteers Who Actively Participated in the Defense of Bataan.(14) United States Merchant Seamen Who Served on Blockships in Support of Operation Mulberry.(15) American Merchant Marine in Oceangoing Service during the Period of Armed Conflict, December 7, 1941, to August 15, 1945.(16) Civilian Navy IFF Technicians Who Served in the Combat Areas of the Pacific during World War II (December 7, 1941 to August 15, 1945). As used in the official name of this group, the acronym IFF stands for Identification Friend or Foe.(17) U.S. Civilians of the American Field Service (AFS) Who Served Overseas Operationally in World War I during the Period August 31, 1917 to January 1, 1918.(18) U.S. Civilians of the American Field Service (AFS) Who Served Overseas Under U.S. Armies and U.S. Army Groups in World War II during the Period December 7, 1941 through May 8, 1945.(19) U.S. Civilian Employees of American Airlines Who Served Overseas as a Result of American Airlines' Contract with the Air Transport Command During the Period December 14, 1941 through August 14, 1945.(20) Civilian Crewmen of United States Coast and Geodetic Survey (USCGS) Vessels Who Performed Their Service in Areas of Immediate Military Hazard While Conducting Cooperative Operations with and for the United States Armed Forces Within a Time Frame of December 7, 1941, to August 15, 1945 on a qualifying USCGS vessel. Qualifying USCGS vessels are the Derickson, Explorer, Gilbert, Hilgard, E. Lester Jones, Lydonia, Patton, Surveyor, Wainwright, Westdahl, Oceanographer, Hydrographer, and Pathfinder.(21) Honorably Discharged Members of the American Volunteer Group (Flying Tigers) Who Served During the Period December 7, 1941 to July 18, 1942.(22) U.S. Civilian Flight Crew and Aviation Ground Support Employees of United Air Lines (UAL), Who Served Overseas as a Result of UAL's Contract With the Air Transport Command During the Period December 14, 1941, through August 14, 1945.(23) U.S. Civilian Flight Crew and Aviation Ground Support Employees of Transcontinental and Western Air (TWA), Inc., Who Served Overseas as a Result of TWA's Contract with the Air Transport Command During the Period December 14, 1941, through August 14, 1945. The “Flight Crew” includes pursers.(24) U.S. Civilian Flight Crew and Aviation Ground Support Employees of Consolidated Vultree (sic) Aircraft Corporation (Consairway Division) Who Served Overseas as a Result of a Contract With the Air Transport Command During the Period December 14, 1941, through August 14, 1945.(25) U.S. Civilian Flight Crew and Aviation Ground Support Employees of Pan American World Airways and Its Subsidiaries and Affiliates, Who Served Overseas as a Result of Pan American's Contract With the Air Transport Command and Naval Air Transport Service During the Period December 14, 1941 through August 14, 1945.(26) Honorably Discharged Members of the American Volunteer Guard, Eritrea Service Command During the Period June 21, 1942 to March 31, 1943.(27) U.S. Civilian Flight Crew and Aviation Ground Support Employees of Northwest Airlines, Who Served Overseas as a Result of Northwest Airline's Contract with the Air Transport Command during the Period December 14, 1941 through August 14, 1945.(28) U.S. Civilian Female Employees of the U.S. Army Nurse Corps While Serving in the Defense of Bataan and Corregidor During the Period January 2, 1942 to February 3, 1945.(29) U.S. Flight Crew and Aviation Ground Support Employees of Northeast Airlines Atlantic Division, Who Served Overseas as a Result of Northeast Airlines' Contract With the Air Transport Command During the Period December 7, 1941, Through August 14, 1945.(30) U.S. Civilian Flight Crew and Aviation Ground Support Employees of Braniff Airways, Who Served Overseas in the North Atlantic or Under the Jurisdiction of the North Atlantic Wing, Air Transport Command (ATC), as a Result of a Contract With the ATC During the Period February 26, 1942, Through August 14, 1945.(31) The approximately 50 Chamorro and Carolinian former native policemen who received military training in the Donnal area of central Saipan and were placed under the command of Lt. Casino of the 6th Provisional Military Police Battalion to accompany United States Marines on active, combat-patrol activity from August 19, 1945, to September 2, 1945.(32) Three scouts/guides, Miguel Tenorio, Penedicto (sic) Taisacan, and Cristino Dela Cruz, who assisted the United States Marines in the offensive operations against the Japanese on the Northern Mariana Islands from June 19, 1944, through September 2, 1945.(33) The Operational Analysis Group of the Office of Scientific Research and Development, Office of Emergency Management, which served overseas with the U.S. Army Air Corps from December 7, 1941, through August 15, 1945.(Authority: Sec. 401, Pub. L. 95-202, 91 Stat. 1449)(y) Alaska Territorial Guard: Members of the Alaska Territorial Guard during World War II who were honorably discharged from such service as determined by the Secretary of Defense.CONCLUSION: for the most part, those listed above (and some other groups I didn’t include) were included in legislation passed by Congress to extend both eligibility as “veterans” and “veterans benefits” based upon their statutory veteran’s status.Also notice that for the most part, before 1977 the majority of these groups of civilians did NOT qualify as veterans. Certain groups, among the most vocal of which were advocates for the US Merchant Marine, took the lead in convincing Congress that a grateful Nation should include among its gratitude these various groups of civilians, pseudo- or quasi-civilians, uniformed services members (like the predecessor of the US Coast Guard and NOAA, and the uniformed officers of the US Public Health Service), and others.And so it came to pass, righteously in my humble opinion, that the survivors (and in some cases their own survivors when the veterans had already passed on) were declared statutory veterans, provided they met various statutory and regulatory requirements, mostly to prove their actual status and movements during the indicated periods.Thus, there are literally tens of thousands of US (and in some cases, non-US or Allied) persons who did not serve in a military force, or even a uniformed service, or even as a US civil servant, but for whom Congress has made exceptions and declared them “veterans.” (And, as noted above, perhaps the majority of those so honored were elderly or deceased already by the time their recognition arrived, and so in some cases their own survivors received whatever trickledown benefits were available for surviving beneficiaries under the laws and regulations governing veterans benefits.)The “standard” civilian employee of the US military, or US government, today is NOT eligible for any of these special designations … and thus cannot qualify for “veteran” status or benefits under today’s laws and regulations, as all previous designations (as shown above) were special circumstances.However, nothing prevents a civil servant today, who is otherwise qualified, from taking a military leave of absence from their civilian job and joining the US uniformed services, performing their duties, and qualifying as a veteran with veterans benefits, in addition to whatever civilian benefits they are entitled.