New NJMVC Power of Attorney and the Impact on Dealerships BY GREYSON HANNIGAN DIRECTOR OF LEGAL AND REGULATORY AFFAIRS, NJ CAR Effective October 30, 2023 (extended from September 15, 2023), dealerships must conform to New Powers of Attorney (POAs), Odometer Disclosure Statement, and new rules for General and Limited POAs announced by the New Jersey Motor Vehicle Commission (NJMVC). NJ CAR has hosted several webinars and produced both a comprehensive FAQ document and a Quick Reference Guide. All of these materials are accessible under the News section of the NJ CAR website (www.njcar.org). Below are some of the highlights regarding the biggest NJMVC change to POAs in more than 25 years: • NJMVC requires a new Non-Secure POA to be used if dealerships choose to use electronic signatures on POAs. Additionally, the NJMVC requires a Secure POA to be used when the title is either lost or held by a lienholder (i.e., the classic trade situation). • Dealerships who do not wish to implement the new NonSecure POA to be used with electronic signatures may continue to use a General or Limited POA that can be on Dealer Letterhead. However, these POAs must now be notarized. • Whether a dealership implements the new Non-Secure POA or continues to use their current General or Limited POAs, they must also supply an Odometer Disclosure Statement that can either be electronically signed or wet signed. • While the forms are effective immediately, dealers can utilize the grace period until October 30, 2023, to familiarize themselves with the forms and upload the NonSecure POA and Odometer Disclosure Statement in their systems to be e-signed. • NJMVC considers the period before 10/30/23 as a phasein period. Dealerships must be implementing the new POAs starting NOW. This means that any motor vehicle transaction submitted after 10/30/23 (for sales that occurred before 10/30/23) must use the new POAs. • After 10/30/23, all transactions for SALES OCCURRING PRIOR TO 10/30/23 submitted to local NJMVC Agencies or NJ CAR for processing must conform to the new POAs and new rules for Dealer POAs or they will be REJECTED. • If these MV transactions are submitted to local NJMVC Agencies or NJ CAR before 10/30/23 for processing, they can use current POAs or the new POAs. We strongly suggest that dealerships should not wait to implement these new POAs and new rules. DEALER POAS To be used during regular purchases or trades — with title in hand for signing documents, (including the title and registration on behalf of the customer) — dealerships can continue to use this POA. It must be notarized and have a Notary Commission Expiration date. The Notary cannot sign for the dealership. The POA must have the following in order to be notarized: • The owner(s) address • The address of the dealership (if not on Dealership Letterhead) • Must be accompanied by an Odometer Disclosure Statement ° May list more than one (1) dealership representative If you have an MCO, NJ Title, Out-of-State Title with a New Jersey Reassignment that is not being signed by the customer as a buyer, a notarized dealership POA (signed by the customer) appointing a dealership representative may be used. If you have a trade title (New Jersey or Out-of-State Title) that is not being signed by the customer as a seller, a Notarized Dealership POA (signed by the customer) appointing the Dealership Representative may be used. Non-Secure POA (NSPOA) NSPOAs must be used with Electronic Signatures. The NSPOA is not mandatory and cannot be forced on a customer. The NSPOA accomplishes everything the Limited, General, or Dealer POA is used for. It can be used for purchases only, never a trade. It does not require a notary, but it must be filled out digitally on a computer, or in the DMS, and must be accompanied by an Odometer Disclosure Statement. The user may list more than 20 new jersey auto retailer
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