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27-101-313. Certificate of number with beneficiary — Definitions.
Arkansas Code — all titles (historical 2020) · legal_authorities
27-101-313. Certificate of number with beneficiary — Definitions.
(a) As used in this section:
(1)(A) “Beneficiary” means one (1) individual who is designated to become the owner of a motorboat upon the death of the current owner as indicated on the certificate of number issued under this chapter.
(B) “Beneficiary” does not include a business, firm, partnership, corporation, association, or any other legally-created entity;
(2) “Certificate of number with beneficiary” means a certificate issued for a motorboat under this chapter that indicates the present owner of the motorboat and designates a beneficiary as provided under this section;
(3) “Motorboat” means a boat registered and numbered under this chapter; and
(4)(A) “Owner” means an individual who holds the certificate of number to a motorboat and can include more than one (1) person but not more than three (3) persons.
(B) “Owner” does not include a business, firm, partnership, corporation, association, or any other legally-created entity.
(b) If the owner or joint owners want to transfer a motorboat upon death by operation of law, the owner or joint owners may request that the Revenue Division of the Department of Finance and Administration issue a certificate of number with beneficiary that includes a directive to the division to transfer the certificate of number upon the death of the owner or upon the death of all joint owners to the beneficiary named on the face of the certificate of number with beneficiary.
(c)(1) To obtain a certificate of number with beneficiary, the owner of a motorboat shall submit a transfer on death application to the division to request the issuance of a certificate of number with beneficiary or a change to a certificate of number with beneficiary.
(2) The owner sha
Source: Arkansas Code — historical release 78 (November 6, 2020) · 27-101-313
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:27-101-313
Source file: gov.ar.code.title.27.odt
Pages: Not recorded – Not recorded
Passage SHA-256: bf0de457104a9985f3650e41992d4e4c4295ac46de8156687e08176d227a2eeb
Source location: content.xml paragraph 28329
Stored source content
27-101-313. Certificate of number with beneficiary — Definitions.
(a) As used in this section:
(1)(A) “Beneficiary” means one (1) individual who is designated to become the owner of a motorboat upon the death of the current owner as indicated on the certificate of number issued under this chapter.
(B) “Beneficiary” does not include a business, firm, partnership, corporation, association, or any other legally-created entity;
(2) “Certificate of number with beneficiary” means a certificate issued for a motorboat under this chapter that indicates the present owner of the motorboat and designates a beneficiary as provided under this section;
(3) “Motorboat” means a boat registered and numbered under this chapter; and
(4)(A) “Owner” means an individual who holds the certificate of number to a motorboat and can include more than one (1) person but not more than three (3) persons.
(B) “Owner” does not include a business, firm, partnership, corporation, association, or any other legally-created entity.
(b) If the owner or joint owners want to transfer a motorboat upon death by operation of law, the owner or joint owners may request that the Revenue Division of the Department of Finance and Administration issue a certificate of number with beneficiary that includes a directive to the division to transfer the certificate of number upon the death of the owner or upon the death of all joint owners to the beneficiary named on the face of the certificate of number with beneficiary.
(c)(1) To obtain a certificate of number with beneficiary, the owner of a motorboat shall submit a transfer on death application to the division to request the issuance of a certificate of number with beneficiary or a change to a certificate of number with beneficiary.
(2) The owner shall provide the following information in the application:
(A) Whether the applicant seeks to add, remove, or change a beneficiary;
(B) The full legal name of the beneficiary;
(C) The Social Security number of the beneficiary;
(D) The address of the beneficiary;
(E) The identification number of the motorboat;
(F) The year, make, model, and length of the motorboat;
(G) The printed full legal name of the owner of the motorboat;
(H) The Arkansas driver's license or identification card number for the owner of the motorboat; and
(I) The signature of the owner of the motorboat.
(3) The owner shall include the following with the application:
(A) The certificate of number for the motorboat issued under this chapter;
(B) The certificate of number application fee as provided under § 27-101-306; and
(C) The certificate of number with beneficiary application fee of ten dollars ($10.00).
(4)(A) The fee remitted under subdivision (c)(3)(C) of this section shall be deposited into the State Central Services Fund for the benefit of the division.
(B) The fee shall be credited as supplemental and in addition to all other funds as may be deposited for the benefit of the division.
(C) The fee shall not be considered or credited to the division as direct revenue.
(d) The division shall not issue a certificate of number with beneficiary to an owner of a motorboat if the owner holds his or her interest in the motorboat as a tenant in common with another person.
(e) The certificate of number with beneficiary issued by the division shall include after the name of the owner the words “transfer on death to” or the abbreviation “TOD” followed by the name of the beneficiary.
(f) During the lifetime of the sole owner or before the death of the last surviving joint owner:
(1) The signature or consent of the beneficiary is not required for any transaction relating to the motorboat for which a certificate of number with beneficiary has been issued; and
(2) The certificate of number with beneficiary is revoked by:
(A) Selling the motorboat with completion of the application for transfer of the certificate of number as provided under § 27-101-309 and transferring to another person; or
(B) Filing an application with the division to remove or change a beneficiary as provided under subsection (c) of this section.
(g) Except as provided in subsection (f) of this section, the designation of the beneficiary in a certificate of number with beneficiary shall not be changed or revoked:
(1) By will or any other instrument;
(2) Because of a change in circumstances; or
(3) In any other manner.
(h) The interest of the beneficiary in a motorboat on the death of the sole owner or on the death of the last surviving joint owner is subject to any contract of sale, assignment, or security interest to which the owner of the motorboat was subject during his or her lifetime.
(i)(1)(A) Upon the death of the owner, the division shall issue a new certificate of number for the motorboat to the surviving owner or, if no surviving owners, to the beneficiary if the surviving owner or beneficiary presents the following:
(i) Proof of death of the owner that includes a death certificate issued by the state or a political subdivision of the state;
(ii) Surrender of the outstanding certificate of number with beneficiary; and
(iii) Application and payment of the certificate of number fee for the motorboat.
(B) A certificate of number issued under this subsection will be subject to any existing security interest.
(2) If the surviving owner or beneficiary chooses, he or she can submit a completed certificate of number with beneficiary application as provided under this section, along with the ten dollar ($10.00) processing fee, at the time of the application for a new certificate under this subsection.
(j) The transfer of a motorboat upon the death of the owner under this section is not testamentary and is not subject to administration under Title 28.
(k) The procedures and fees under § 27-101-304(g)(2) shall apply for obtaining a duplicate certificate with beneficiary.
(l) The division may promulgate rules for the administration of this section.
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Arkansas Code — all titles (historical 2020) · legal_authorities
27-101-304. Filing of application — Issuance of certificate — Definition.
(a) The owner of each motorboat for which numbering is required by this state shall file an application for a number within thirty (30) calendar days after the date of purchase with the Secretary of the Department of Finance and Administration on forms approved by the Arkansas State Game and Fish Commission.
(b) The application shall be signed by the owner of the motorboat and accompanied by a fee as provided in § 27-101-306, verification of the hull identification number, proof the motorboat is listed for assessment, proof of payment of required personal property taxes, and proof of insurance establishing that the motorboat, if it is equipped with more than fifty horsepower (50 hp), or a personal watercraft, is covered by a liability insurance policy issued by an insurance company authorized to do business in this state.
(c)(1) On and after January 1, 2017, the Department of Finance and Administration shall not issue, renew, or update ownership information for a certificate of number relating to a motorboat imported or manufactured on or after November 1, 1972, until the department determines whether the motorboat has a primary hull identification number meeting the requirements of 33 C.F.R. Part 181, Subpart C, as in effect on January 1, 2017.
(2) Verification of the hull identification number may include without limitation a submission of a clear and legible photograph or pencil rubbing of the hull identification number.
(d) Upon determination by the department that the motorboat does not have a hull identification number as required by subsection (c) of this section, the department shall refer the owner of the motorboat to the Boating Law Administrator of the Arkansas State Game and
Source: Arkansas Code — historical release 78 (November 6, 2020) · 27-101-304
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 27-101-304. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
27-101-306. Numbering period — Expiration — Renewal.
(a) The certificates of numbers issued pursuant to subchapters 1-3 of this chapter may be for a period of three (3) years.
(b) The Secretary of the Department of Finance and Administration shall establish a system in a manner that the expiration dates of the various certificates of numbers will be evenly distributed throughout the year and each year thereafter to the end that boat certificates of numbers will be renewable as uniformly as practicable throughout each of the twelve (12) months of the license year in each year.
(c) Upon request, the secretary shall assign to any owner of two (2) or more boats the same registration period.
(d)(1) A fee based on the length of the motorboat as set forth in this subsection shall be charged for the issuance of a certificate of number and for each renewal of each certificate of number.
(2) The fee to be collected for certificates shall be as follows:
Fee Category 3 Years Vessels less than sixteen feet (16') in length $ 7.50 Vessels sixteen feet (16') to less than twenty-six feet (26') 15.00 Vessels twenty-six feet (26') to less than forty feet (40') 51.00 Vessels forty feet (40') or more 105.00
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(e) Notice shall be given to the Arkansas State Game and Fish Commission of each certificate of number renewed and of the transfer of any certificate of number.
(f) Every certificate of number awarded pursuant to this subchapter shall continue in full force and effect until the expiration of each numbering period unless sooner terminated or discontinued in accordance with the provisions of this subchapter.
(g) Certificates of number may be renewed by the owner in the same manner as is provided in this section for initially securing the certif
Source: Arkansas Code — historical release 78 (November 6, 2020) · 27-101-306
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 27-101-306. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
27-101-309. Change of boat ownership.
(a) Should the ownership of a motorboat change, the new owner shall file an application with the Secretary of the Department of Finance and Administration for the transfer of the certificate of operation of the motorboat to the new owner within thirty (30) calendar days after the date of the ownership change.
(b) Upon receipt of the application, the secretary shall cancel the certificate of number issued to the former owner of the motorboat and shall assign the number to the new owner of the motorboat and shall issue a certificate of number to the new owner.
(c) The application procedure and fees under § 27-101-304 shall apply.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 27-101-309
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 27-101-309. This identifies an authority to review, not proof of applicability.