Ala. Admin. Code r. 810-5-75-.40

Current through Register Vol. 43, No. 1, October 31, 2024

Section 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.

Ala. Admin. Code r. 810-5-75-.40

Amended: Filed January 28, 2010; effective March 4, 2010. Amended: Filed June 27, 2012; effective August 1, 2012.

Amended by Alabama Administrative Monthly Volume XXXIII, Issue No. 04, January 30, 2015, eff. 2/27/2015.

Amended by Alabama Administrative Monthly Volume XXXIV, Issue No. 07, April 29, 2016, eff. 5/20/2016.

Amended by Alabama Administrative Monthly Volume XXXVIII, Issue No. 10, July 31, 2020, eff. 9/14/2020.

Amended by Alabama Administrative Monthly Volume XXXIX, Issue No. 11, August 31, 2021, eff. 10/15/2021.

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.