Iowa Admin. Code r. 761-400.13 - Authorized signatories for a transfer of ownership
The following procedures shall apply for all titling and registration purposes:
(1)
Transfer of vehicle owned by two or three persons. If the
names of the owners of a vehicle on the certificate of title, the
manufacturer's certificate of origin, or the registration receipt for a vehicle
that does not require a title are joined by the word "or," as in "John Doe,
Jane Doe or Mary Doe," then the signature of any of these owners is sufficient
to transfer ownership or to junk the vehicle. In all other cases the signature
of each named owner is required.
(2)
Assignment of title to two or
three persons. If a certificate of title, a manufacturer's certificate
of origin, or a bill of sale for a vehicle that does not require a title is
assigned to two or three persons with their names joined by the word "or," as
in "John Doe, Jane Doe or Mary Doe," then a certificate of title or
registration receipt for a vehicle that does not require a title may be issued
to any one of these persons, or to any two or all three of these persons with
their names joined by the word "or." However, a certificate of title or
registration for a vehicle that does not require a title shall only be issued
to persons who have signed the application for title and
registration.
(3)
Organizational ownership.
a.
When a vehicle is owned by a partnership, corporation, association,
governmental unit, or private organization, the signature of its authorized
representative is required.
b. When
a vehicle is owned by a trust, the title shall be accompanied by a copy of all
documents creating or otherwise affecting the trust or by the certification of
trust as defined in Iowa Code section 633A.4604.
(1) The certification of trust may be signed
by any trustee or the attorney for any trustee.
(2) The title shall be signed by the number
of trustees as specified in the trust agreement, and the transferor shall
provide the department with the document or the certification of trust
specifying the required signatories for the trust.
(3) If a certification of trust is provided,
one of the following shall apply:
1. Any
currently acting trustee may sign the title if the certification of trust
states that such trustee may act individually.
2. A majority of the trustees must sign the
title if the certification of trust states that the trustees must act by
majority decision.
3. All currently
acting trustees must sign the title if the certification of trust states that
the trustees must act by unanimous decision.
(4) A certification of trust must meet the
requirements of Iowa Code section 633A.4604, including but not limited to
providing the names of all the currently acting trustees. If there are two or
more currently acting trustees, the certification of trust must state whether
the trustees may act individually, whether the trustees must act by majority
decision or whether the trustees must act by unanimous decision. If the
certification of trust does not meet said requirement, the certification of
trust will be considered invalid for the purposes of the transfer.
(5) Each signature on the title shall be
followed by the words "as trustee."
(4)
Death with a will. When
ownership is transferred according to a decedent's will, a certified copy of
the court order or the letter of appointment appointing the person assigning
the title as executor of the will shall be required.
(5)
Death without a will.
When ownership is transferred from a decedent without a will and there is no
administration of the estate, a notarized affidavit of death intestate form
shall be required. When ownership is transferred from a decedent without a will
but there is an administration of the estate, a copy of the court order or the
letter of appointment appointing the person assigning the title as
administrator shall be required.
(6)
Power of attorney. An
attorney in fact may act for the living owner(s) if the appointment is shown on
a power of attorney form. Power of attorney forms are available from the
department, but other forms or a certified true copy may be accepted if they
contain all necessary information.
This rule is intended to implement Iowa Code sections 307.12(1) "j," 321.20, 321.24, 321.45, 321.47, 321.49, 321.67 and 633A.4604.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
An applicant for a
(1) Procedures. This subrule describes the procedures to be followed to obtain a "bonded" certificate of title . The procedures described are in addition to the regular procedures for titling and registering a vehicle.
a. The applicant shall submit a bond application to the motor vehicle division on a form prescribed by the department. The application shall be accompanied by evidence of ownership of the vehicle.
b. The department shall search the state files to determine if there is an owner of record or security interest for the vehicle and if the vehicle has been reported stolen or embezzled.
(1) If an owner of record is found, the department shall mail a release letter by first-class mail to the owner of record at the owner's last-known address. The release letter shall notify the owner of the right to claim ownership of the vehicle or to waive all rights or claims.
(2) If the owner of record makes a claim, a motor vehicle investigator shall review the claim.
(3) If the department receives no response from the owner of record within ten days after the date of mailing, the owner of record waives all rights or claims; or if the letter is returned as undeliverable, the department shall continue processing the bond application.
(4) If one or more security interests are found and can be identified, the department shall send a certified letter and application for cancellation of security interest to a lienholder to the last-known address of that lienholder. If a lienholder releases the lien , the department shall continue to process the application. If a lienholder responds with a request to claim the vehicle, the department will review the claim. If the certified letter is returned as undeliverable, the department shall continue to process the application.
(5) If one or more security interests is found but a lienholder cannot be identified because the record is held by another jurisdiction, the department shall return the application to the applicant and inform the applicant which jurisdiction holds the record(s) to the vehicle.
c. If the department determines that the applicant has complied with this rule, that there is sufficient evidence to indicate that the applicant is the rightful owner, and that there isno known unsatisfied security interest , the department shall determine the current value of the vehicle and notify the applicant to deposit cash or file a surety bond with the department in an amount equal to one and one-half times the current value of the vehicle.
d. After the cash deposit or surety bond has been deposited, a motor vehicle investigator of the department may examine the vehicle to verify the information submitted on the application is correct. The owner of the vehicle may drive or tow the vehicle to and from the examination location after completing an affidavit to drive on a form provided by the department. The form shall state that the vehicle is reasonably safe for operation, and the form must be signed by the owner. After verifying the information, the investigator shall authorize the county treasurer to issue a title for and register the vehicle. Should the vehicle not meet the equipment requirements of Iowa Code chapter 321, the investigator shall authorize the county treasurer to issue a title and registration but instruct the county treasurer to immediately suspend the registration until such time as the vehicle meets these equipment requirements. If applicable, the investigator shall also affix an assigned vehicle identification number to the vehicle.
e. The applicant shall then make application for a certificate of title and registration.
(2) Disapproval. If the department determines that the applicant has not complied with this rule, that there is sufficient evidence to indicate that the applicant may not be the rightful owner, or that there is an unsatisfied security interest , then the department shall not authorize issuance of a certificate of title or registration receipt and shall notify the applicant in writing of the reason(s).
(3) Junked vehicle. A certificate of title shall not be reinstated for a vehicle that has been issued a junking certificate unless the junking certificate was issued in error, as explained in rule 761-400.23 (321), or the vehicle qualifies as an antique vehicle under Iowa Code subsection 321.115(1).
This rule is intended to implement Iowa Code sections 321.24 and 321.52.