Power of Attorney Form for Ohio Bmv

LIMITED POWER OF ATTORNEY FOR MOTOR VEHICLE TRANSACTIONS (OHIO)

Document ID: OH-BMV-POA-2024-V1
Effective Date: [Effective Date]
Governing Jurisdiction: State of Ohio
Version: 1.0.0 (Institutional Grade)

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1. STATUTORY & LEGAL COMPLIANCE NOTICE

This Limited Power of Attorney (“LPOA”) is drafted in accordance with the Ohio Revised Code (“R.C.”), including but not limited to R.C. § 1337 (Uniform Power of Attorney Act) and R.C. § 4505.071 (concerning motor vehicle title transfers). This document is intended to be legally binding and enforceable within the State of Ohio for the specific purpose of motor vehicle transactions handled by the Ohio Bureau of Motor Vehicles (BMV). NOTICE TO THE PRINCIPAL: The powers granted by this document are broad and sweeping regarding your motor vehicle interests. If you do not understand these powers, you should seek legal advice.

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2. IDENTIFICATION OF PARTIES & RECITALS

PRINCIPAL:
Name: [Principal Full Legal Name]
Address: [Principal Residential/Business Address]
SSN/Tax ID (Optional/Last 4): [Last 4 Digits]

ATTORNEY-IN-FACT (AGENT):
Name: [Agent Full Legal Name]
Address: [Agent Business/Residential Address]

VEHICLE DESCRIPTION (THE "VEHICLE"):
Year: [Year]
Make: [Make]
Model: [Model]
Body Type: [Body Type]
Vehicle Identification Number (VIN): [Full 17-Digit VIN]
Title Number (if known): [Title Number]

RECITALS:
WHEREAS, the Principal is the legal owner or authorized representative of the owner of the Vehicle described above; and WHEREAS, the Principal desires to appoint the Agent to act on their behalf to facilitate specific transactions with the Ohio BMV and County Clerk of Courts;

NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows:

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3. EXHAUSTIVE OPERATIVE CLAUSES

3.1. Grant of Authority & Scope of Services

The Principal hereby appoints the Agent as their true and lawful attorney-in-fact to act in the Principal's name, place, and stead, for the sole and limited purpose of executing any and all documents required by the Ohio BMV and the Clerk of Courts for:

1. The transfer of title, application for original title, or application for duplicate title.
2. The registration and licensing of the Vehicle.
3. The execution of Odometer Disclosure Statements as required by federal and state law.
4. The payment of any taxes, fees, or assessments related to the Vehicle.
5. The signing of any affidavits or forms required for the sale, purchase, or salvage of the Vehicle.

3.2. Compensation & Payment Terms

Unless otherwise specified in a separate service agreement, the Agent shall perform these services for a fee of [Amount in USD]. Payment is due upon execution of this document. Any late payments shall accrue interest at a rate of 1.5% per month or the maximum rate permitted by Ohio law, whichever is lower. The Principal shall reimburse the Agent for all BMV-related filing fees and taxes incurred.

3.3. Term & Termination

This LPOA shall commence on the Effective Date and shall remain in full force and effect until:

1. The specific transaction for the Vehicle is completed;
2. [Specific Expiration Date]; or
3. Written notice of revocation is delivered by the Principal to the Agent. In the event of a material breach of the terms herein, the non-breaching party may terminate this agreement immediately upon written notice.

3.4. Intellectual Property & Work Product

Any documents, filings, or data generated specifically for the BMV transaction shall be considered a "Work Made for Hire" under the Copyright Act, and all ownership rights shall vest in the Principal upon full payment of fees. The Agent retains no residual rights to the Principal’s personal identifying information or title data.

3.5. Mutual Confidentiality & Non-Disclosure

The Agent shall maintain the strict confidentiality of the Principal’s Social Security Number, Driver’s License Number, and other non-public personal information (NPPI) accessed during this engagement. The Agent shall not disclose such information to any third party except as required by the Ohio BMV or by operation of law.

3.6. Representations & Warranties

The Principal represents and warrants that they have full legal authority to convey the Vehicle and that the VIN provided is accurate. The Agent represents and warrants that they shall perform their duties with the standard of care required of a fiduciary under Ohio R.C. § 1337.34.

3.7. Limitation of Liability & Indemnification

The Principal shall indemnify, defend, and hold harmless the Agent from any claims, losses, or damages arising from inaccurate information provided by the Principal. To the maximum extent permitted by law, the Agent’s total liability for any error or omission shall not exceed the amount of compensation paid by the Principal under this agreement.

3.8. Dispute Resolution & Arbitration

Any dispute arising out of this LPOA shall be resolved through binding arbitration in [County], Ohio, in accordance with the rules of the American Arbitration Association (AAA). Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction.

3.9. Governing Law & Jurisdiction

This LPOA is governed by the laws of the State of Ohio, without regard to conflict of law principles. Exclusive jurisdiction for any court proceedings shall lie in the courts of [County], Ohio.

3.10. Miscellaneous Provisions

1. Severability: If any provision is held invalid, the remainder shall remain in effect.
2. Counterparts: This document may be executed in counterparts, including electronic signatures.
3. Entire Agreement: This constitutes the entire agreement regarding the Vehicle POA and supersedes prior discussions.

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4. EXECUTION & FORMAL SIGNATURE BLOCKS

FOR THE PRINCIPAL:

Signature: _____________________________________
Printed Name: [Principal Full Legal Name]
Title (if Entity): [Title / Role]
Date: [Date]

FOR THE ATTORNEY-IN-FACT (AGENT):

Signature: _____________________________________
Printed Name: [Agent Full Legal Name]
Title (if Entity): [Title / Role]
Date: [Date]

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5. NOTARY ACKNOWLEDGMENT (REQUIRED FOR OHIO MOTOR VEHICLE TITLING)

STATE OF OHIO
COUNTY OF ____________________, SS:

The foregoing instrument was acknowledged before me this _______ day of _____________, 20, by [Principal Full Legal Name], the Principal, and [Agent Full Legal Name], the Agent.

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NOTARY PUBLIC
My Commission Expires: _____________________

(Seal)

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6. STEP-BY-STEP EXECUTION & FILING GUIDE

1. Preparation: Open this document in a word processor (Microsoft Word or Google Docs). Replace all bracketed text (e.g., [Principal Full Legal Name]) with the specific details of the parties and the vehicle.
2. Verify Authority: Ensure the Principal is the person named on the current vehicle title or is a legally authorized officer of the company that owns the vehicle.
3. Physical/Digital Execution:
   • Ohio BMV Requirement: Note that for motor vehicle title transfers, the Ohio BMV typically requires an original "wet ink" signature that is notarized. While DocuSign is used for corporate contracts, the County Clerk of Courts may reject a non-notarized electronic signature for title transfers.
   • Recommendation: Print the document and sign it in the presence of a Notary Public.
4. Notarization: Take the document to a Notary Public. Both parties do not necessarily need to be present at the same time, but the Principal’s signature must be notarized for the BMV to accept the filing.
5. Filing: The Agent must present the original notarized LPOA to the Ohio County Clerk of Courts or BMV along with the title application.
6. Record Retention: Retain a high-resolution PDF scan of the fully executed and notarized document in your corporate records for a minimum of seven (7) years following the completion of the transaction.