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.

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 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.

2. (2) For any motor vehicles purchased by a dealer on or after November 28, 1990, where the dealer elects not to apply for title in the dealership’s name, the purchasing dealer listed on a secure power of attorney form (DOR- 3020S) shall attach—

   1. (A) The top sheet (dark brown) of the secure power of attorney form, which has been completed in full and signed by all sellers and an authorized agent of the purchasing dealer, to the assigned certificate of ownership and give both to the purchaser or, if a lien is shown, to the lienholder; and
   2. (B) The second (blue) sheet of the secure power of attorney form to a photocopy of the front and back of the assigned title showing the restatement of the mileage and the assignment properly completed as authorized by the secure power of attorney form and submit both with the dealer’s monthly sales report.

3. (3) If the old secure power of attorney form (DOR-3020) is used, the purchasing dealer shall attach—

   1. (A) The top sheet (light brown) of the secure power of attorney form to a photocopy of the front and back of the assigned title showing the restatement of the mileage and the assignment properly completed as authorized by the secure power of attorney form, and submit both with the dealer’s monthly sales report; and
   2. (B) The second sheet (yellow carbon copy) of the secure power of attorney form, which has been completed in full and signed by all sellers and an authorized agent of the purchasing dealer, to the assigned certificate of ownership and give both to the purchaser or, if a lien is shown, to the lienholder. 12 CSR 10-23
4. (4) The secure power of attorney form and corresponding certificate of ownership shall accompany the purchaser’s application for title. If a lien is involved, these documents must accompany the lien perfection copies of the application.
5. (5) 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. 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.
6. (6) 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.
7. (7) 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: section 407.536.8, RSMo Supp. 1990.* 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. *Original authority: 407.536.8, RSMo 1977, amended 1983, 1988, 1989, 1990.