Ala. Admin. Code r. 810-5-75-.40 - Requirements For Names And Signatures On Title Applications, Title Assignments, And Motor Vehicle Registrations
(1)
Application and Assignment of
Title - Multiple Owners.
(a) An
application for a certificate of title, accompanied by the required supporting
documents that reflect two (2) owners, must have the current legal names of
both owners shown on the application. Two (2) owners joined by the conjunction
"and" or with no conjunction between the names have tenancy in common ownership
rights and both owners are required to sign the title application. Two (2)
owners joined by the conjunction "or" or "and/or" have joint tenancy ownership
rights with rights of survivorship and only one (1) owner is required to sign
the title application. No more than two (2) owners may listed on an application
for certificate of title.
(b) An
assignment of title which reflects two (2) owners joined by the conjunction
"and" or with no conjunction between the names have tenancy in common ownership
rights, and both owners are required to sign the title assignment. Two (2)
owners joined by the conjunction "or" or "and/or" have joint tenancy ownership
rights with rights of survivorship and only one (1) owner is required to sign
the title assignment.
(2)
Application and Assignment of
Title - General. The name of the owner(s) to be shown on the
application for certificate of title must be the current legal name of the
owner(s) of the motor vehicle for which a certificate of title is requested as
provided by §§
32-8-35 and
32-8-39, Code of Ala.
1975. Variances in the owner's first name, or the inclusion or
omission of a title, middle name or initial, suffix or hyphenated name does not
affect the legality of the owner's name. Note that the owner's name must be in
agreement on all title documents and any variance(s) in the owner's name
between title documents will require that the owner provide an affidavit
attesting to the variance(s). If the owner is doing business under a trade
name, the trade name may be shown following the current legal name of the
owner.
(3)
(a)
Vehicle Registration
Information. The current legal name(s) of the owner(s) or
operator(s) shown on the Alabama application for certificate of title and
Alabama certificate of title must be identical to the name(s) of the owner(s)
or operator(s) shown on the registration for the motor vehicle.
(b) If the current legal name of the owner or
operator has changed, and the certificate of title is issued by another state
and is being held by a lienholder, and the vehicle is not required to be titled
in this state as provided by §
32-8-31, Code of Ala.
1975, the owner or operator must provide evidence of the current
legal name, which will be shown on the vehicle registration.
(4)
Electronic
Signatures. Except as otherwise provided in this paragraph,
in lieu of handprinted names and signatures, an electronic signature is
acceptable when authorized by the department pursuant to the procedures
established under Rule 810-14-1 -.37, excluding signatures required on a
physical certificate of title or manufacturer's certificate (statement) of
origin. A taxpayer may not submit a document with an electronic signature when
a handwritten signature is required with the document by federal or state law.
If an electronic signature is provided on an Alabama electronic certificate of
title or manufacturer's certificate (statement) of origin which includes a
required odometer disclosure statement, the electronic signature must be
provided in accordance with the Federal Truth-in-Mileage Act of 1986 (as
amended) and the rules of the National Highway Traffic Safety
Administration.
Notes
Authors: Jay Starling, Sherry Helms, Mike Gamble, Jonathan Lawrence
Statutory Authority: Code of Ala. 1975, §§ 40-2A-7(a)(5), 32-8-3(a)(2), 32-8-31, 32-8-35, 32-8-39.
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