TRANSFERS OF OWNERSHIP

 

 

1.

What are the fees for a transfer?

 

A transfer is $15 for members. If you wish to purchase a membership, simply include the membership fee and you will be able to take advantage of the reduced member rate.

 

2.

What is the procedure for completing a transfer of ownership?

 

Submit the original certificate and a completed transfer form to APHA. On newer registration certificates there is a pre-printed transfer form on the back of the certificate. Or you can also use a separate transfer form obtained from APHA or printed from our web site. If selling the horse through an auction you may wish to use a separate transfer form rather than the pre-printed form on the back of the registration certificate in the event the horse does not sell.

 

The transfer form should be signed by the seller (the seller should be shown on the certificate as the current owner), provide the date of sale and be accompanied by a transfer fee of $15. Be sure that you have completed the "buyer’s" portion showing exactly how the ownership is to be recorded. Transfers received in good order normally take about two weeks to process.

 

3.

Do I need to send the original certificate for a transfer?

 

Yes, the original certificate must be submitted for transfers, color changes, or status changes so that the appropriate information can be recorded on the certificate.

If the certificate is lost in transit, it would be necessary to request a duplicate certificate (forms are available through the APHA office.)

 

If you prefer, you may send the certificate by certified mail or some other special service.

If you choose to send the certificate by Federal Express, UPS, or other special carrier, use the Association’s physical address (2800 Meacham Blvd., Fort Worth, TX 76137-4603.)

 

4.

Do I need to be a member to transfer ownership a horse?

 

No, however, members pay a reduced transfer fee of only $15 instead of the non-member fee. A membership is $35.

 

5.

Is there a late fee to submit a transfer dated several years ago?

 

At this time there is no penalty or time limit on submitting a transfer. The transfer fee is $15. We do recommend that you submit the transfer as soon as possible to reduce the chance of the paperwork being mislaid or lost.

 

6.

The people I bought a horse from never transferred. Do I have to pay for both transfers?

 

Yes. For each ownership change, the buyer must forward a completed, unaltered transfer form and the fee of $15 for each transfer to be processed. The APHA cannot knowingly skip a transfer. We will not, however, ask you to pay for their membership; only the final owner will need a membership.

 

7.

What do I do if I lost my horse’s papers and have never transferred to my name?

 

If the original certificate has been lost, an affidavit for a duplicate certificate must be signed by the owner of record. He can verify that he sold the horse to you and provided you with the certificate, and it was subsequently lost.

 

Submit the affidavit along with two current side view photographs of the horse and the required fees of $20 to the Association. If the transfer form was lost as well, you will need to have the owner of record provide a new one. The transfer fee is $15. A new certificate will be generated, your ownership recorded and the certificate returned directly to you. If there are multiple transfers that have not been processed, you will need to follow the procedure for skipped transfers.

 

8.

Where does the buyer sign on a transfer?

 

The buyer’s signature is not required on transfers of ownership.

 

9.

Do I need a new transfer form if I corrected the date of sale?

 

Alterations are not accepted on transfer forms except to update an address. Any changes to the date, horse or buyer information may require verification by the seller. A new transfer form may be required to allow the seller to verify the information being corrected. Requests for new transfers are at APHA’s discretion.

 

If the buyer receives the registration certificate showing the new ownership and discovers at that time the date was reported incorrectly, there is a $5.00 charge to correct the date of sale. Submit the certificate and a statement requesting the date correction signed by both parties.

 

10.

Why do I have to take photographs for a new certificate when the owner history is full?

 

 

APHA prefers a current photograph of the horse any time a new registration certificate is generated. This allows the new certificate to reflect the current appearance of the horse.

 

11.

What can I do if I can’t get the registration certificate from the previous owner?

 

If you have proof of your purchase in the form of a canceled check, bill of sale, etc. you can forward copies to APHA with a written request for assistance in transferring the horse to your ownership. APHA will write to the owner of record for an explanation. If the owner advises there is some sort of dispute, the process might stop, and it would become a civil matter to be pursued through the courts. If the owner fails to respond, he might be notified a duplicate certificate will be issued, and expenses billed to the new owner along with a transfer of ownership, and new photos of the horse to be provided. The new owner may be required to submit a current owner affidavit request for a new certificate. New photos must exactly match the horse in the original photos. An in-house Registration Review Cmte. will make the decision whether to proceed with the transfer of ownership and/or issuance of a duplicate certificate.

 

12.

What do I do if this horse has been through several owners and they have skipped transfers, and I now have a transfer from the original owner?

 

APHA cannot knowingly skip transfers. In this case, we suggest you go back to the person you purchased the horse from and ask that they provide you with a transfer from them to you reflecting the actual date of purchase. Also inquire whom they purchased from and ask that they provide the transfer they received into their ownership. If the person you bought the horse from was acting only as an agent for the recorded owner, then we will accept the transfer from the recorded owner to you. The owner attempting to update the history must pay for all transfers of ownership. It may be necessary to obtain the signatures of prior owners to complete the process. If you are unable to establish the complete transfer history, and cannot obtain the necessary signed transfer forms, contact our Registration Services Department. They will try to assist you with updating the ownership.

 

13.

What can I do if I purchased a horse and can’t get a signed transfer from the original owner?

 

APHA would require proof of purchase. A canceled check, bill of sale, or similar document would be needed to prove your purchase of the horse. APHA may write a courtesy letter to the owner of record to try to obtain the transfer for you upon receipt of your proof of purchase. Depending on the answer obtained, a Review Cmte. could examine the documentation you provide and the information provided by the owner of record to determine if there is sufficient documentation to proceed with the transfer of ownership without the required signature. Labeled a transfer indemnity, an additional fee of $75 is required.

 

14.

I bought a horse and lost the original certificate before the transfer was submitted. How do I replace it if the old owner of record cannot be located anymore?

 

 

In order to issue a duplicate certificate when the record owner cannot be located to complete an required affidavit, the following items are required:

 

1.    A properly completed and signed transfer report or acceptable bills of sale reflecting each change of ownership beginning with the recorded owner.

2.    Notarized statement signed by each party who had the original certificate in his or her possession after the record owner.

3.    A signed statement from the actual current owner giving details of his attempts to contact record owner.

4.    A full side view photograph of the horse identified in writing by the owner of the dam at the time of foaling.

5.    The duplicate certificate fee of $20.

6.    The transfer fee of $15 for each transfer of ownership change.

 

15.

What can a new owner do if a transfer is not signed by the previous owner and they can not be located anymore?

 

The Rule Book provides a procedure when a previous owner can no longer be located (RG-155, I.) The Registration Review Cmte. will review the file and determine if the transfer can be completed. You will need to submit to the attention of the Registration Services Department:

1. Notarized statement by buyer providing actual date of transfer.

2. Copies of canceled checks, bill of sale or other document to help establish purchase.

3. Copies of attempts to contact seller.

4. Notarized and signed indemnity agreement (form available from APHA).

5. Current photographs (which must match original photos on file with APHA).

6. Affidavit for duplicate certificate, signed by the current owner and/or owners of record if the

original is not available.

7. Office processing fee of $75 in addition to transfer fee ($15 for each transfer of

ownership, duplicate certificate fee of $20 if applicable, and/or current owner’s current

membership fee of $35, if applicable.)

 

16.

What transfer documents must APHA receive prior to showing in Amateur/Novice/Youth in order to receive the points?

 

The owner must be able to prove ownership at the time of the show by presenting the APHA registration certificate or a legible photocopy showing the correct owner printed on the certificate by the APHA office. Per rule SC-005 B., the transfer must be completed prior to showing the horse. APHA no longer recognizes transfers of ownership based on the date received in the APHA office for the purpose of showing the horse.

 

17.

My spouse has died -- what do I need to do to transfer our horses?

 

In order to better serve our members, and be sensitive during a difficult time, our Registration Services department assists members in the transferring of all horses at no charge to the surviving spouse.

 

Horses may not be registered or transferred to a deceased person in most cases. Legal documentation is required to prove who is entitled to sign for the estate – a court document signed by the judge appointing an executor or personal representative. If there was no formal probate, APHA has forms available that should be signed by the heirs specifying who will sign in their behalf. See rule RG-135.F.

 

Contact Registration Services at ext. 776 for details and specific procedures.

 

18.

I have recently divorced, what do I need to do about horses owned jointly?

 

All transactions for horses owned under the individual or joint account(s) will be processed through normal procedures unless a flagging fee is paid or a Court Restraining Order (CRO) prohibiting the horses from being registered or transferred is provided. Once the divorce is final, we ask to be provided with a certified copy of the recorded divorce decree signed by a judge. The decree should specify each horse by registration name and number, and to whom they are awarded. Regarding unregistered horses, the decree should state the registered names of the sire and dam of the foal in question, as well as the foaling year. You may also submit a notarized statement by your ex-spouse relinquishing any interest held in a particular horse in lieu of a divorce decree.

 

Upon receiving the applicable documentation, APHA will then transfer to the rightful owner, as decreed by a court or by notarized statement, for a reduced fee of $7.50 each, forwarding all applicable registration certificates and minimum one-year membership at a cost of $35.00

 

Contact Registration Services at extension 776 for details.