Broken Chain of Ownership

AHA has a new transfer procedure that will allow horses separated from their registered identity but verified through DNA testing, to be re-connected with their Certificate of Registration.  After steps taken to reach the last recorded owner to confirm there is no contractual or statutory claim to the horse, along with proper documentation of ownership, AHA can be able to complete a transfer of recorded ownership to the new owner. 

 

In order to complete a Broken Chain of Ownership Transfer, we will require the following:

 

  1. DNA testing completed through the AHA, verifying your horse's identity
  2. Bonafide proof of ownership (more on this below)
  3. A signed and notarized Hold Harmless and Indemnification Form
  4. Recent photographs of the horse. Please submit photos showing all sides, and close-ups of any face or leg markings.
  5. The appropriate fees:
    1. The $100 investigative fee per case.
    2. The appropriate transfer fee per horse. Transfer fees can be found online
    3. Duplicate Certificate fee $25 (member) or $80 (non-member)

 

Bonafide proof of ownership

  • Pursuant to a legal adoption from a nonprofit rescue organization exempt from federal income tax under Section 501(c)(3) or 501(c)(5) of the Internal Revenue Code
  • Pursuant to a bona fide sale that was subject to Uniform Commercial Code Sec. 2-403 (or its equivalent in effect in the jurisdiction in which the sale occurred), including auction sales; or
  • Pursuant to a direct sale via a *“good faith purchase” by the Seller to the Buyer.(* A “good faith purchase” may be shown through a bill of sale or upon satisfaction of other documents that may be defined by the AHA Registry that is not contested by the current recorded owner during the duration of the notification process.)

 

Upon receipt of the completed documentation above, there are several steps that the Registry will follow to contact the current Recorded Owner to determine if that owner asserts a contractual or statutory claim to the horse or its registration rights. This involves several certified letters to their last known address and then, a 6-month conditional transfer period where the transfer will remain pending. During the 6-month waiting period; No showing or breeding of the animal will be recognized, the pending conditional transfer will be posted on the AHA webpage. Once the documentation from the new owner seeking transfer is received, no action by the Recorded Owner to record the horse as "Sold without Papers" will be recognized. For complete rules, please see Chapter 10 of our handbook Reg 126.2 or below:

 

REG 126. TRANSFER WITHOUT SIGNATURE OF RECORDED OWNER

  1. Unbroken Chain of Ownership –

        Whenever legal title to a registered Purebred, Half- or Anglo-Arabian passes to another by reason of death of the Recorded Owner, by enforcement of any lien, by order or decree of court, by dissolution of a partnership, limited liability company, or other legal entity, or otherwise by operation of law, the Registry shall transfer the registration of the horse to the new owner when presented with the following:

  1. A copy of the legal document affecting the transfer, such as a divorce decree, certificate of qualification of executor/personal representative of a deceased owner, seizure and transfer order, other court order, dissolution documents, or other satisfactory proof of authority for the transfer. Such documentation shall include sufficient description (name, registration number, sex, color, markings, and age) of the horse being transferred to enable the Registry to identify the horse.
  2. Payment of applicable fees and any reasonable costs and expenses of investigation if needed.
  3. The original registration certificate or an affidavit for lost certificate
  4. Four current photographs of the horse (each side, front and back)
  5. Any other requirements which may be defined or required by the Registry in special situations. Upon request, the Registry will provide required language for court orders to order the Registry to transfer the registration of the horse from the Recorded Owner to the new owner.
  1. Broken Chain of Ownership
    1. If there are gaps in the chain of ownership and/or the current Recorded Owner fails to complete and provide the required transfer documentation, ownership of an identified and registered Purebred, Half- or Anglo-Arabian is conveyed in one of these paths:
      1. Pursuant to the judgement or seizure by a governmental agency pursuant to legal process including a lien foreclosure sale that is not part of a judicial process (e.g., agister's or stableman's lien) (only done as a legal transfer, see paragraph 1)
      2. Pursuant to a legal adoption from a nonprofit rescue organization exempt from federal income tax under Section 501(c)(3) or 501(c)(5) of the Internal Revenue Code;
      3. Pursuant to a bona fide sale that was subject to Uniform Commercial Code Sec. 2-403 (or its equivalent in effect in the jurisdiction in which the sale occurred), including auction sales; or
      4. Pursuant to a direct sale via a *“good faith purchase” by the Seller to the Buyer; and the requirements and process set forth below are met, the Registry may conditionally transfer the registration of the horse to the new owner. (* A “good faith purchase” may be shown through a bill of sale or upon satisfaction of other documents that may be defined by the AHA Registry that is not contested by the current recorded owner during the duration of the notification process.)
    2. The new owner shall submit the following documentation regarding the registered Purebred, Half- or Anglo-Arabian:
      1. An application that includes the name of the transferor and the new owner, the color, sex, and markings of the horse, and registered name and/or number, if known;
      2. Proof of horse identity (DNA) and confirmation through other documentation if available, that the horse is a registered Purebred, Half- or Anglo-Arabian;
      3. Four current photographs of the horse (each side, front and back);
      4. Payment of applicable fees;
      5. Documentary support for the validity of the transfer as a bona fide transfer, which may include a court order, bill of sale, and/or legal opinion of an attorney licensed in the state in which the transfer occurred;
      6. Indemnification agreement in favor of the Association and its employees; and
      7. Such other documentation or information as the Registry may request in its discretion.
    3. Upon eceipt of the completed documentation, the Registry will notify the last Recorded Owner of the horse to determine if the last Recorded Owner asserts a contractual or statutory claim to the horse or its registration rights. Once the documentation from the new owner seeking transfer is received, no action by the Recorded Owner to record the horse as “Sold without Papers” will be recognized.
      1. The notification shall be delivered to the last Recorded Owner at such person's address on file with the Registry by registered mail, return receipt requested. The notification shall notify such person that ownership of the horse has been conveyed, the acquirer has requested that a duplicate registration certificate be issued and/or the transfer of ownership to the acquirer be recorded with the Registry. The notification shall make a request that the last Recorded Owner provide information and documentation of any asserted contractual or statutory claim to the horse or its registration rights. The same notification will be delivered to the Last Recorded Owner simultaneously by electronic mail using the last known email address.
      2. In the event the last Recorded Owner fails to respond within 21 days of the date of the first notification or if the letter is returned as undeliverable, the Registry shall send a duplicate letter to the last Recorded Owner. The same notification will be delivered to the Last Recorded Owner simultaneously by electronic mail using the last known email address. In the event the last Recorded Owner fails to respond to the second letter within 21 days of the date of the second letter or if the letter is returned as undeliverable, the Registry may, in its sole discretion, record the conditional transfer of such horse to the new owner.
      3. All decisions will be made in good faith, in accordance with published criteria, and without discrimination or arbitrary treatment.  The Registry reserves the right, in all circumstances in its discretion, to refuse to issue any duplicate certificates or record the transfer of any horse under this Section. The Registrar shall decide whether to issue any duplicate certificates and record transfers under this Section.
    4. Provided the requirements of this document. have been met, including the payment of all fees and expenses, the Registry may issue a conditional transfer to the current owner of a currently registered Purebred, Half- or Anglo-Arabian. Conditional transfers of registered horses are valid for six (6) months; if within that time an apparently correct or justified claim is made to challenge the transfer, the conditional transfer will be suspended pending resolution by the parties involved. If a conditional transfer is suspended,
      1. the current owner may apply to a court of competent jurisdiction to resolve the issue and seek an order transferring the registration of the horse to the current owner, or
      2. the Last Recorded Owner may apply to a court of competent jurisdiction to resolve the issue and seek an order resisting the transfer of the horse’s registration to the current owner. 

In either circumstance, the party seeking and obtaining such judicial relief shall notify the Registry of the ultimate and final disposition of the legal action (i.e. after any and all appeals have been exhausted) and provide the Registry with evidence of the same. 

 

If no apparently correct or justified claim is made by the end of the six (6) month conditional period, the transfer will be made permanent, and a valid certificate of Registration will be issued. During the period of a conditional transfer, the horse may not be shown in an AHA-recognized or USEF-recognized show or participate in an AHA-recognized endurance competition. No further transactions will be recorded concerning this horse, and no breeding of the horse will be recognized. Notice of conditional transfer will be published on the Association's website. 

 

If submitted documentation leaves questions with AHA staff, determination of the existence of an apparently correct or justified claim to challenge the transfer will be made by the Registrar, subject to the right to appeal to the Registry Hearing Board.

 

For additional information, contact Registry Services at 303.696.4500 #2

or info@arabianhorses.org