The deadline for implementing the new Non-Secure POA (NSPOA) (if you choose to implement it), the Secure POA (SPOA) (mandatory), new Odometer Disclosure Statement (OS/SS-2) and new rules for Dealer POA (mandatory) is October 30, 2023. There will be no further extensions.
NJ CAR has been in contact with several DMS providers to discuss their programming of the Secure POA. Whether you use DealerTrack, Reynolds and Reynolds, CDK, Automate etc., dealerships should contact their DMS providers to make sure that they request the programming of the Secure POA for their respective dealership. If programming is not accomplished in time for October 30, 2023, the Secure POA can be downloaded from the NJMVC website and filled out on the computer until your DMS provider programs the SPOA correctly.
Over the past few weeks, NJ CAR has been working with NJMVC to make sure that the new rules for POAs do not frustrate the practical applications at dealerships. NJMVC has re-emphasized certain requirements and has allowed certain changes to help dealers. Dealerships should pay attention to the following items:
1. The NJMVC has allowed more than one (1) Dealer Rep to be appointed on all POAs. Dealerships should consider taking advantage of this opportunity to offer themselves more flexibility. If more than one Dealer Rep is appointed on the POAs, they should be separated by a comma or the word “or”. There should never be the word “and” between the appointed names.
2. The Secure POA (SPOA) requires the signature of the Dealer Rep that is appointed. Previously, NJMVC required all appointed Dealer Reps to sign the SPOA before it is submitted for processing. NJMVC has agreed to only require the signature of the Dealer Rep that exercises the authority to sign on behalf of the customer. Therefore, only one (1) signature is required. However, since the person signing PART C must be the person that will exercise the authority on behalf of the customer, NJ CAR recommends that the person signing PART C, sign PART A and PART B (if it is necessary) at the time they process the paperwork for submission. That way, the same individual will have signed all PARTS. Please remember that a copy of the signed PARTS A and C must be given to the customer who traded in the vehicle at some point.
3. On any Dealer POA or Limited POA, the recommendation is that the appointed Dealer Rep’s name(s) should be typed. If a Dealer Rep’s name(s) is handwritten or stamped, it MUST be done prior to the customer and the notary signing the document. Having the customer initial next to the stamped or handwritten name is not necessary.
4. When the Dealership fills out the back of a Title, NJMVC requires all relevant information to be completed including Names, Addresses and Signatures of Buyer and Seller; Date of Sale; Odometer Reading; Driver’s License or EIN (formerly known as Corp Code); Sales Tax Satisfied Stamp completed and signed. (See example in the links below).
Sample Certificate of Title (front)
Sample Certificate of Title (back)
If dealers have questions about the POAs, they should contact Mary Lynn Edwards, DSP Director, via email at [email protected] or at (609) 883-6330 ext.102; Eileen Nuttall, DSP Manager, via email at [email protected] or at (609) 883-6330 ext.101; or Greyson P. Hannigan, NJ CAR’s Director of Legal & Regulatory Affairs, at (609) 883-5056 – ext. 340 or, via email, at [email protected].
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Understanding and Completing the Secure POA (SPOA) Webinar
Thursday, October 19, 2023
11:00 AM – 12:00 PM
DEALERS ARE ENCOURAGED TO INVITE THEIR DMS PROVIDER
CONTACTS TO REGISTER FOR THIS INFORMATIVE WEBINAR
Ahead of the October 30, 2023 deadline to adopt the new Powers of Attorney (POAs) and Odometer Disclosure Statement issued by the New Jersey Motor Vehicle Commission (NJMVC), NJ CAR will be hosting a webinar that focuses on understanding and completing the Secure POA (SPOA).
This informative webinar will cover:
- Uses of the Secure POA
- Step-by-Step completion of the Secure POA
- Do’s and Don’t for the Secure POA
The webinar will be held @ 11:00 AM on Thursday, October 19th and will be presented by Greyson Hannigan, Director of Legal and Regulatory Affairs, and Mary Lynn Edwards, Director of the NJ CAR Dealer Service Provider (DSP). They will also be joined by Robert Hughes, Managing Director, NJ CAR Motor Vehicle Operations, and Eileen Nuttall, DSP Manager.
Register for the October 19th webinar by clicking on the link below: