Iowa Admin. Code r. 761-400.4 - Supporting documents required
This rule describes the basic supporting documents to be submitted by an applicant for a certificate of title or registration.
(1)
New vehicle. If
application is made for a new vehicle, a manufacturer's certificate of origin,
properly assigned to the applicant, shall be submitted. A manufacturer's
certificate of origin shall not be accepted if the assignment to the applicant
is made by any person other than the manufacturer, importer or distributor, a
licensed motor vehicle dealer franchised to sell that line-make of vehicle, or
a final-stage manufacturer motor vehicle dealer licensed under rule
761-425.11 (322).
a. The first person, including a dealer not
franchised to sell that line-make of vehicle, who is assigned the
manufacturer's certificate of origin shall obtain a certificate of title and
register the vehicle.
b. An
uncanceled security interest noted on the reverse side of a manufacturer's
certificate of origin (MCO) shall be noted as a separate security interest on
the certificate of title, in addition to any security interest acknowledged by
the applicant, unless the security interest acknowledged by the applicant is
the same as the one noted on the reverse side of the MCO.
c. If a 1980 or subsequent model year vehicle
is manufactured by a person other than the original manufacturer, both the
original manufacturer's certificate of origin and the final-stage
manufacturer's certificate of origin shall be submitted if the vehicle's
original line-make is changed by the final-stage manufacturer. All assignments
or reassignments of ownership of the vehicle shall be made on the final-stage
manufacturer's certificate of origin. The face of the original manufacturer's
certificate of origin shall be stamped in bold type with the statement:
"Final-stage manufacturer's MCO has been issued on this vehicle." The original
manufacturer's vehicle identification number shall be listed on the final-stage
manufacturer's certificate of origin.
d. If a final-stage manufacturer is a motor
vehicle dealer licensed under rule
761-425.11 (322), the
final-stage manufacturer may reassign the original manufacturer's certificate
of origin or an incomplete or intermediate MCO to the retail
buyer.
(2)
Used
vehicle registered or titled in this state. The last issued
certificate of title, properly assigned to the applicant, shall be submitted,
unless the applicant is an insurer applying for a salvage certificate of title
under Iowa Code section
321.52(4). An
uncanceled security interest noted on the face of the certificate of title
shall be noted on the face of the certificate of title issued to the applicant,
in addition to any security interest acknowledged by the applicant. If the
vehicle is not subject to titling provisions, the last issued registration
receipt or bill of sale, properly assigned to the applicant, shall be
submitted.
(3)
Used vehicle
from a foreign jurisdiction. If the vehicle was subject to the
issuance of a certificate of title in the foreign jurisdiction, the certificate
of title issued by the foreign jurisdiction to the applicant or properly
assigned to the applicant shall be submitted, unless the applicant is an
insurer applying for a salvage certificate of title under Iowa Code section
321.52(4).
a. A security interest, noted on
the face of the foreign certificate of title, which has not been canceled,
shall be noted on the face of the certificate of title issued to the applicant,
in addition to any security interest acknowledged by the applicant.
b. A certificate of title issued in a foreign
jurisdiction may be assigned to a motor vehicle dealer in another jurisdiction,
and the dealer may reassign the certificate of title to the applicant. An
assignment or reassignment form issued by a foreign jurisdiction may be used
with a foreign title to complete an assignment or reassignment of ownership
from a foreign motor vehicle dealer to the applicant, provided the ownership
chain is complete.
c. An Iowa
licensed motor vehicle dealer who acquires a vehicle registered in another
state or country may reassign the foreign certificate of title to the
applicant, as provided in Iowa Code subsection
321.48(2) and
rule 761-400.27 (321,322).
d. A person who registers a foreign vehicle
under Iowa Code section
321.23(3)
shall be issued a nontransferable-nonnegotiable registration. To transfer
ownership of the vehicle, the owner must first obtain an Iowa certificate of
title except as follows: If ownership is transferred to an Iowa licensed motor
vehicle dealer or an insurance carrier authorized to do business in Iowa as
provided in Iowa Code section
321.23(3), the
foreign certificate of title may be assigned to the dealer or the insurance
carrier; the owner is not required to obtain an Iowa title. The dealer may then
reassign the foreign title, as provided in Iowa Code section
321.48(2) and
rule 761-400.27 (321,322).
e. If the vehicle was not subject to the
issuance of a certificate of title in the foreign jurisdiction, the
registration document issued by the foreign jurisdiction to the applicant or
properly assigned to the applicant shall be submitted.
(1) If the foreign registration document is
not issued in the applicant's name and does not contain an assignment of
ownership form, a bill of sale conveying ownership from the owner as listed on
the foreign registration document to the applicant shall be submitted with the
foreign registration document.
(2)
Upon receipt of the foreign registration document, the county treasurer shall
issue a nontransferable-nonnegotiable registration unless the foreign
registration document has been approved by the department.
(3) Acceptance of the foreign registration
document shall be determined by the department on an individual basis, if the
county treasurer of the county where the certificate of title is to be issued
cannot determine whether the document is acceptable.
f. If a trailer weighing 2000 lbs. or less is
exempt from the issuance of a certificate of title and registration in the
foreign jurisdiction, a bill of sale conveying ownership to the applicant, if
acquired by a resident from a nonresident, or an affidavit of ownership signed
by the applicant, if the applicant is establishing residence in this state,
shall be submitted.
g. If a motor
vehicle is exempt from the issuance of a certificate of title and registration
in the foreign jurisdiction, the bonding procedures as provided in Iowa Code
section 321.24 shall be
followed.
(4)
Used vehicle acquired by a resident of this state from a government
agency. If the vehicle was acquired from an agency of the federal
government, the applicant shall surrender the government bill of sale, General
Services Administration Form 97, or Internal Revenue Service Form 2435,
properly assigned to the applicant. If the vehicle was acquired from the state
of Iowa or a subdivision of government, the applicant shall surrender the Iowa
certificate of title issued in the name of the agency, properly assigned to the
applicant.
(5)
Manufactured
or mobile home. If the vehicle described on the application is a
manufactured or mobile home with an Iowa title, the applicant shall submit a
tax clearance form to show that no taxes are owing, unless the title has been
issued to a manufactured or mobile home retailer licensed under Iowa Code
chapter 103A. The form may be obtained by any owner of record of the
manufactured or mobile home from the county treasurer.
(6)
Vehicle acquired by a resident of
this state by operation of law. If the vehicle was acquired by the
applicant by operation of law as specified in Iowa Code section
321.47, the last issued
certificate of title shall be submitted by the applicant, or when that is not
possible, presentation of satisfactory proof of the applicant's ownership and
right of possession to the vehicle shall be submitted by the applicant. Proof
of ownership may consist of a foreclosure sale affidavit, artisan's or storage
lien affidavit, affidavit of death intestate, abandoned vehicle sales receipt,
peace officers bill of sale or court order. See also subrules 400.14(4) and
400.14(5).
(7)
Foreign
ownership document issued in a language other than English. A foreign
ownership document issued in a language other than English may be required to
be reproduced in writing in English and certified to be a correct translation
by a person qualified to translate that particular language. The English
translation and certification shall be submitted with the foreign ownership
document.
(8)
Titles from
foreign jurisdictions.
a. Except as
provided in paragraph "b" of this subrule, a certificate of
title issued by a foreign jurisdiction shall not be accepted if the title
contains an alteration or erasure.
b. An affidavit of correction form issued by
a foreign jurisdiction that corrects the certificate of title issued by the
foreign jurisdiction shall be accepted only for the reason listed on the
affidavit of correction form. However, acceptance of an affidavit of correction
form that corrects an odometer statement or a designation shall be determined
by the department on an individual basis.
(9)
Applications in the name of
trusts. An application in the name of a trust 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.
a. The certification of trust may be signed
by any trustee or the attorney for any trustee.
b. The application shall be signed by the
number of trustees as specified in the trust agreement, and the applicant shall
provide the department with the document or the certification of trust
specifying the required signatories for the trust.
c. If a certification of trust is provided,
one of the following shall apply:
(1) Any
currently acting trustee may sign the application if the certification of trust
states that such trustee may act individually.
(2) A majority of the trustees must sign the
application if the certification of trust states that the trustees must act by
majority decision.
(3) All
currently acting trustees must sign the application if the certification of
trust states that the trustees must act by unanimous
decision.
d. 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 requirements, the certification of trust will be considered invalid
for the purposes of the application.
e. Each signature on the application shall be
followed by the words "as trustee."
(10)
Driverless-capable
vehicles. If an application is made for a driverless-capable vehicle,
the department may require the application to be accompanied by the operational
design domain.
(11)
Supporting document retained by county treasurer. All
supporting documents, except those submitted pursuant to subrule 400.3(17),
shall be retained by the county treasurer.
This rule is intended to implement Iowa Code sections 321.20, 321.23, 321.24, 321.30, 321.31, 321.45 to 321.50, 321.67, 321.515, 321.519, 322.3 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.
No prior version found.