PURPOSE: This rule outlines the requirements for the perfection of a lien on a motor vehicle, trailer, manufactured home, all terrain vehicle, boat or outboard motor by physical delivery or electronic filing of the notice of lien. 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) A lien on a motor vehicle, trailer, manufactured home, all terrain vehicle, boat or outboard motor is perfected when a notice of lien meeting the requirements in section (2) is delivered to the director of revenue, whether or not the ownership thereof is being transferred. A processing fee is collected when the notice of lien is delivered to the director. Delivery to the director of revenue may be physical delivery of the notice of lien to the director by mail, or to the director or agent of the director in a Department of Revenue office, or by electronic filing of the notice of lien. A received date stamp placed on the notice of lien application receipt or an electronic confirmation receipt issued by the director or his/her agent will be prima facie proof of the date of delivery. If ownership is not being transferred the lien may not be filed electronically because, the lienholder must also submit the application for title, the ownership document, title fee and processing fees with the notice of lien or with the Notice of Lien box marked on the title application on behalf of the owner to have a new title produced reflecting the lien.

2. (2) A notice of lien for a motor vehicle, trailer, manufactured home, all terrain vehicle, boat or outboard motor shall be in a form or electronic format provided or approved by the director of revenue entitled “Notice of Lien” or on the title application of ownership is not transferred by marking the Notice of Lien box. The Notice of Lien shall contain, but not be limited to, the following information:

   1. (A) Name and address of owner(s);
   2. (B) Unit description, by make, and identification number;
   3. (C) Purchase date;
   4. (D) Name and address of first and second lienholder(s), if applicable; and
   5. (E) Subject to future advances if applicable.
3. (3) The Notice of Lien or Lien Release (revised 11-03), which has been incorporated by reference, is published by the Missouri Department of Revenue, PO Box 100, Jeffer- 12 CSR 10-23

son City, MO 65105-0100. The form does not include any amendments or additions to the revision/publication date shown. It is available at all contract offices and the department’s central office, or may be ordered at http://www.dort.mo.gov/mvdl/formorder/ or by mailing a written request to the Missouri Department of Revenue, PO Box 100, Jefferson City, MO 65105-0100.

1. (4) As used in this rule, the term “boat” includes all motorboats, vessels or watercraft as the terms are defined in section 306.010, RSMo.
2. (5) Any lienholder who elects to file a lien electronically must apply to use this option and be approved by the director. AUTHORITY: sections 301.600, 301.610, 301.620, 301.660, 306.400, 306.405, 306.410, 306.430, 700.350, 700.355, 700.360 and 700.380, RSMo Supp. 2006.* Emergency rule filed Aug. 18, 1999, effective Aug. 28, 1999, expired Feb. 23, 2000. Original rule filed Aug. 18, 1999, effective Feb. 29, 2000. Amended: Filed June 13, 2000, effective Dec. 30, 2000. Amended: Filed April 9, 2003, effective Oct. 30, 2003. Amended: Filed Oct. 6, 2006, effective April 30, 2007.

*Original authority: 301.600, RSMo 1965, amended 1989, 1999, 2000, 2001, 2002; 301.610, RSMo 1965, amended 1990, 1992, 1999, 2002; 301.620, RSMo 1965, amended 1990, 1992, 1999, 2002; 301.660, RSMo 1965, amended 1990, 2002; 306.400, RSMo 1985, amended 1999, 2000, 2002; 306.405, RSMo 1985, amended 1999, 2002; 306.410, RSMo 1985, amended 1999, 2000, 2002; 2003; 306.430, RSMo 1985, amended 2002; 700.350, RSMo 1985, amended 1989, 2002; 700.355, RSMo 1985, amended 2002; 700.360, RSMo 1985, amended 2002; and 700.380, RSMo 1985, amended 2002.