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March 4, 2011

Important DMV Forms Information

Dealer Alert Update - Secure Power of Attorney Form

In 2006, the North Carolina Notary Law was amended to require a change in the notary acknowledgements on various notarized documents in the state. In response to this change in the law, DMV revised certain forms that included notarial certificates and, in July, 2008, issued a revised MVR-63A - Secured Power of Attorney Form (NCADA Form NC-92-1) which includes the appropriate notarial certification in Part C of that form.

DMV has allowed dealers to continue to use an older version of this form for some time, and has seen most dealers switch to the new MVR-63A with a revision date of (07/08). However, DMV and tag agencies continue to see older versions of the MVR-63A in use and DMV is now taking steps to finalize the complete transition to the new MVR-63A for all dealers. Again, please note, this “new” form was actually adopted in July, 2008.

Deadline for Use of Revised Form

(Please note, this article references the Secure Power of Attorney form which is labeled “MVR-63A” by DMV and “NC-92-1” by NCADA. Please see the “Correct Revised Form” information below.)

DMV has informed NCADA that there will be a March 31, 2011, deadline for further use of an older version of the MVR-63A form. After March 31, 2011, DMV and local tag agents will NO LONGER ACCEPT any MVR-63A (or NCADA NC-92-1) other than the July 2008 form revision, if the form was executed after March 31, 2011. Any MVR-63A (or NCADA NC-92-1) executed AFTER MARCH 31, 2011, must be done utilizing the July 2008 version of the form.

Please see “Deadline Implementation” information below.

Correct Revised Form - July 2008 Version

DMV Version - If you obtain your Secure Power of Attorney Form from DMV, the correct form will have a label in the top upper left corner of the form that reads, “MVR-63A (Rev. 07/08)”.

NCADA Version - If you obtain your Secure Power of Attorney Forms from NCADA, the correct form will have a label in the top upper left corner of the form that reads, “NC-92-1 (REV. 07/08)”. Please note, the label “MVR-63A” does not appear on NCADA’s version of the form. Again, if you have an NCADA Secure Power of Attorney form that includes the label, “NC-92-1 (REV. 07/08)”, you have the correct form.

Further, if you have an NCADA Form NC-92-1 that does not include any revision date and is just labeled, “NC-92-1” it is NOT the correct version of the form. Please contact NCADA at 919-828-4421 to obtain the correct July 2008 version of the NC-92-1 form. NCADA discontinued distribution of the older version of the NC-92-1 form some time ago, but it appears that some dealerships may still have remaining inventory of the older version of the form.

Deadline Implementation

DMV has indicated that an older version of the MVR-63A (or NCADA NC-92-1) will still be accepted by DMV and local tag agencies after March 31, 2011, only if the form was executed on or before March 31, 2011. If an older version of the form is used and executed after March 31, 2011, it WILL NOT BE ACCEPTED.

As such, if a customer EXECUTES an MVR-63A form (or NCADA NC-92-1) using an older version of the form on or before March 31, 2011, DMV and tag agents will still accept the form, even if it is SUBMITTED after March 31, 2011. However, any MVR-63A form which is EXECUTED after March 31, 2011, must be done using the July 2008 revised version of the form or it will not be accepted.

In any event, dealerships still using an older version of the form are strongly encouraged to switch to the “new” form (July 2008 version) immediately and not to wait for the March 31 deadline.

Deadline Implementation - Examples

Example 1 - Customer executes an MVR-63A form using an older version of the MVR-63A (or NCADA NC-92-1) on February 15, 2011, and the form is ultimately submitted by the dealer to DMV or a local tag agent on April 15, 2011. - DMV and local tag agents WILL ACCEPT this older version of the MVR-63A (or NCADA NC-92-1) because it was executed before April 1, 2011 (i.e., on or before March 31, 2011).

Example 2 - Customer executes an MVR-63A form using an older version of the MVR-63A (or NCADA NC-92-1) on April 1, 2011, and the form is submitted by the dealer to DMV or a local tag agent on April 2, 2011. - DMV and local tag agents will NOT ACCEPT the MVR-63A (or NCADA NC-92-1) because it was an older version of the form and was executed after March 31, 2011. After March 31, 2011, the MVR-63A must be executed using the July 2008 revised form.

The above information is provided for information purposes only and should not be construed as legal advice or a legal opinion on specific facts or circumstances. Please consult with legal counsel concerning specific factual situations before acting on this information.