Cal. Code Regs. Tit. 25, § 5542.2 - Acceptable Signatures and Endorsement by an Authorized Representative of a Registered Owner, Legal Owner, or Junior Lienholder Other than a Deceased Registered Owner, Legal Owner, or Junior Lienholder

(a) The signature of an individual shall be in the true name of that person, or shall be sufficiently similar to his or her true name so as to be reasonably determinable as the "normal signature" of that individual. A signature will be reasonably determinable as the "normal signature" of an individual if it varies from the individual's true name only because it uses initials rather than the entire first or middle name, or because it omits the middle name. Variations beyond those acceptable as the "normal signature" will be accepted only if a statement meeting the requirements of Section 5543(c) is submitted by the signatory.

(b) The signature of a trustee of a trust shall be accepted by the department if the requirements of Section 5540(c)(2) have been met, and if the trustee named in the trust agreement submitted pursuant to Section 5540(c)(2) is:

(1) an individual, the signature is in the true name or the "normal signature" as defined in subdivision (a) above of the individual named as trustee, followed by the word "trustee"; or

(2) a company, the signature meets the requirements of subsection (c) for the company named as trustee, followed by the word "trustee".

(c) An officer or authorized agent of a company shall type or print the company name and shall sign for the company. The initials of an officer or authorized agent's signature shall be either the officer or authorized agent's true name or shall meet the definition of a "normal signature" set forth in subsection (a).

(d) The signature of a personal representative of a deceased registered owner, legal owner, or junior lienholder, or of an administrator or executor of an estate holding registered ownership, legal ownership, or a junior lienholder interest in a unit, shall be as specified in Section 5542.1.

(e) An illiterate person or mentally competent person who can no longer write his or her normal signature may sign with a mark. Next to the mark, one witness shall print the name of the person who signed with a mark and shall sign his or her own name. Two witnesses must sign their names before the mark can be used as an acceptable signature on a statement signed under penalty of perjury.

(f) A signature by an attorney-in-fact, designated in a power of attorney, shall be accepted if the following requirements are met:

(1) the attorney-in-fact shall present either the original power of attorney or a copy;

(2) the power of attorney shall be one of the following:

(A) A statement appointing an attorney-in-fact which includes at least the following information:

1. The unit identifying information;

2. Name of the person or company appointing the attorney in fact.

3. Name of the person or company being appointed as the attorney-in-fact.

4. Statement authorizing the appointed attorney-in-fact to sign papers and documents contained in an application for registration.

5. Signature of the person or company appointing the attorney-in-fact.

6. Date the statement is signed; or.

(B) A statement which purports to grant powers of attorney and which:

1. contains the date of its execution;

2. is signed by the principal or in the principal's name by some other person in the principal's presence; and

3. is acknowledged before a notary public or by two witnesses other than the attorney-in-fact that either witnessed the signing or the power of attorney by the principal or the principal's acknowledgment of the signature or the power of attorney; or

(C) a properly completed statutory form of power of attorney as specified in Section 4401 of the Probate Code that complies with Section 4402 of the Probate Code; or

(D) any properly completed statutory form of power of attorney which complies substantially with former Civil Code Section 2450 (originally enacted by Statutes 1984, chapter 602) or former Civil Code Section 2475 (originally enacted by Statutes 1990, chapter 986), and Probation Code section 4102, and is signed by the principal and acknowledged by a notary public; and

(3) the attorney-in-fact writes or types the name of the principal and signs below it as the attorney-in-fact.

(g) In order for a conservator to sign documents for a registered owner, legal owner, or junior lienholder, a copy of the Letters of Conservatorship issued by a Superior Court, which contains an endorsement or stamp by the clerk of the court indicating that date the document was filed by the court shall have been received by the department, and the endorsement shall consist of either:

(1) the printed or written name of the registered owner, legal owner, or junior lienholder, and the signature of the conservator using the exact name used in the Letters of Conservatorship or, when the conservator is a public administrator, the deputy administrator, and followed by the word "Conservator"; or

(2) the signature of the conservator using the exact name used in the Letters of Conservatorship or, when the conservator is a public administrator, the deputy administrator, followed by "Conservator for (name of the conservatee)."

(h) In order for a guardian to sign documents for a registered owner, legal owner, or junior lienholder, the requirements of Section 5540(c)(6) shall have been met, and the endorsement shall consist of either:

(1) The printed or written name of the registered owner, legal owner, or junior lienholder, and the signature of the guardian, using:

(A) the exact name used in the Letters of Guardianship, if applicable, or, when the guardian is a public administrator, the deputy administrator, and followed by the word "Guardian"; or

(B) the guardian's "normal signature" as defined in subsection (a) above, if the guardian is signing as the parent of the registered owner, legal owner or junior lienholder; or

(2) the signature of the guardian followed by "Guardian for (name of the ward)", with the signature of the guardian using either:

(A) the exact name used in the Letters of Guardianship, if applicable, or, when the conservator is a public administrator, the deputy administrator; or

(B) the guardian's "normal signature" as defined in subsection (a) above, if the guardian is signing as the parent of the registered owner, legal owner or junior lienholder.

(i) In order for a trustee, appointed by the Bankruptcy Court, to sign documents for a registered owner, legal owner, or junior lienholder, a copy of the order of the Bankruptcy Court appointing the signatory as trustee in bankruptcy for the registered owner, legal owner or junior lienholder, containing an endorsement or stamp by the clerk of the Bankruptcy Court indicating the date the document was filed by the court, shall be submitted to the department, and endorsement shall consist of either:

(1) the printed or written name of the registered owner, legal owner, or junior lienholder, followed by the signature of the bankruptcy trustee, using the exact name used in the order of the Bankruptcy court, and followed by the word "Trustee"; or

(2) the signature of the trustee, using the exact name used in the order of the Bankruptcy court, followed by "Trustee for (name of the bankrupt registered owner, legal owner or junior lienholder)."

Notes

Cal. Code Regs. Tit. 25, § 5542.2

1. New section filed 12-31-97; operative 1-1-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 1).

Note: Authority cited: Sections 18015 and 18075, Health and Safety Code. Reference: Sections 18080.1, 18085 and 18100.5, Health and Safety Code.

1. New section filed 12-31-97; operative 1-1-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 1).