PURPOSE: This rule establishes the procedures for using a secure power of attorney in conjunction with a certificate of title as provided for in federal and state law.

PUBLISHER’S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.

1. (1) Section 407.536(8), RSMo and the Motor Vehicle Information and Cost Savings Act allow the transferor of a motor vehicle to execute a secure power of attorney (POA) when the certificate of ownership is held by a lienholder or for the purpose of assigning a duplicate title in order to comply with federal and state odometer disclosure requirements. The Secure Power of Attorney form, which has been incorporated by reference, published by the Missouri Department of Revenue, PO Box 100, Jefferson City, MO 65105-0100, contains a revision date of November 2005. The Secure Power of Attorney form does not include any amendments or additions to the November 2005 document.

2. (2) If the dealer sells the vehicle before the title is received as provided in section 301.894, RSMo, the dealer and purchaser may complete the secure POA to authorize the dealer to sign on behalf of the purchaser and make the odometer disclosure on the second title assignment so the purchaser is not required to return to the dealership once the title issues to acknowledge the disclosure. In this case, upon receipt of the title, the dealer must:

   1. (A) Inspect the title to ensure the mileage on the title is consistent with what was recorded on the POA;
   2. (B) Complete the first and second title assignments; and
   3. (C) Complete the secure POA certifying that the mileage the dealer disclosed on the title document is consistent with the mileage provided to the dealer in the POA.
3. (3) The secure power of attorney form and corresponding certificate of ownership shall accompany the purchaser’s application for title.
4. (4) Secure power of attorney forms and copies of corresponding titles received by a dealer in a particular month shall be submitted with the sales report completed for the month. If the dealer sales report is filed electronically, the POA forms and the title copies must be filed with the Department of Revenue by the fifteenth day of the month following the month in which the sale occurred. 12 CSR 10-23

The dealer shall ensure that the original and all other copies of the secure power of attorney form and certificate of title are completed in full and are legible. The dealer shall retain a photocopy of the secure power of attorney form and the front and back of the corresponding certificate of ownership as a part of the dealership’s records for a period of five (5) years.

1. (5) A Missouri motor vehicle dealer may buy and sell a motor vehicle out-of-state when a secure power of attorney form accompanies the title. When an out-of-state secure power of attorney form is involved, the Missouri dealer shall obtain the appropriate copy of the secure power of attorney form and the certificate of title, but shall not be required to submit copies of those documents with the dealer’s sales report.
2. (6) A motor vehicle dealer listed as the purchaser on the secure power of attorney form may elect to title the vehicle in the dealership’s name by submitting the original secure power of attorney form and the original ownership document with the dealer’s application for title.

AUTHORITY: sections 301.280, RSMo Supp. 2005 and 407.536.8, RSMo 2000.* Emergency rule filed March 11, 1991, effective March 21, 1991, expired July 17, 1991. Emergency rule filed July 9, 1991, effective July 19, 1991, expired Nov. 15, 1991. Original rule filed March 11, 1991, effective Aug. 30, 1991. Amended: Filed July 2, 1992, effective Feb. 26, 1993. Amended: Filed June 24, 2003, effective Dec. 30, 2003. Amended: Filed Dec. 19, 2005, effective June 30, 2006.

*Original authority: 301.280, RSMo 1939, amended 1974, 1983, 1984, 1986, 1988, 1990, 1993, 1997, 2004 and 407.536.8, RSMo 1977, amended 1983, 1988, 1989, 1990, 1992.