Power of Attorney Requirements

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 publication of the entire text of the material that 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) 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 Form 5086 (SPOA) 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) 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 SPOA 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— (A) Inspect the title to ensure the mileage on the title is consistent with what was recorded on the SPOA; (B) Complete the first and second title assignments; and (C) Complete the SPOA certifying that the mileage the dealer disclosed on the title document is consistent with the mileage provided to the dealer in the SPOA. (3) The SPOA and corresponding certificate of ownership shall accompany the purchaser’s application for title. (4) SPOA 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 SPOA 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. The dealer shall ensure that the original and all other copies of the SPOA and certificate of title are completed in full and are legible. The dealer shall retain a photocopy of the SPOA 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. (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. (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. (7) The Secure Power of Attorney Form 5085 (SPOA), revised September 2021, is incorporated by reference and is published by and can be obtained from the Missouri Department of Revenue at the Harry S Truman State Office Building, 301 W. High St., Jefferson City, MO 65109 or any local license office of the Missouri Department of Revenue. These forms do not include any amendments or additions since the revision dates noted. AUTHORITY: sections 301.280 and 407.536, RSMo Supp. 2023.* 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. Amended: Filed Nov. 8, 2023, effective June 30, 2024. *Original authority: 301.280, RSMo 1939, amended 1974, 1983, 1984, 1986, 1988, 1990, 1993, 1997, 2004, 2007, 2009, 2012, 2015, 2020, 2021, and 407.536, RSMo 1977, amended 1983, 1988, 1989, 1990, 1992, 2014, 2021.