Transfer of Ownership & Leases

Transfer of Ownership form
(MUST BE COMPLETED IN TRIPLICATE - PLEASE PRINT 3 COPIES)


PART 4: TRANSFER OF OWNERSHIP & LEASES

A. Transfer of Ownership Requirements;

1. In the case of the sale of a horse which holds a certificate in the Register of Appaloosa Horses, the seller is obliged, to supply the duly transferred certificate to the buyer within six (6) months after the date of sale in accordance with the terms and conditions of the Animal Pedigree Act, 1988.  Refusal to do so under any pretext whatsoever, except under written agreement to the contrary, dated and signed by the vendor and the purchaser, shall be grounds for suspension or expulsion from the ApHCC if a Member; if not a Member, any applications for registration or transfer shall be denied until the matter is resolved.

2. The application for "Transfer of Ownership" must be completed in ink or type written and must be signed by the owner or authorized individual(s).  The date of the sale must be recorded on the application for "Transfer of Ownership".

3.  When submitting an application for "Transfer of Ownership" the seller shall attach the original certificate, the original completed application for "Transfer of Ownership", and the correct fees.  Upon receipt of a "Transfer of Ownership", the ApHCC shall verify that all particulars are complete, make the official change of ownership in the records of the ApHCC, attest the "Transfer of Ownership" on the reverse of the certificate, and return the certificate to the new owner.

4. If the animal being transferred is a bred female, a Breeders/Service Certificate shall accompany the application for "Transfer of Ownership" to the ApHCC, and upon completing the transfer, shall forward the Breeders/Service Certificate with the horse's certificate to the new owner.

B. Transfer Without Signature of Recorded Owner

If legal title to an Appaloosa horse passes from a person by reason of death, foreclosure of any lien, or by order or decree of the court, such as, but not limited to matrimonial property division, then ApHCC shall transfer the registration certificate of such horse to the new designated owner:

1. Upon order of the Court or satisfactory proof in the opinion and at the sole discretion of the ApHCC of authority for the transfer; and

2. Upon the ApHCC receiving payment of the transfer fee and any costs and/or expenses of investigation or process which may be deemed necessary by the ApHCC.

C. Sale Without Certificate

1. If a registered animal is sold without the certificate, the owner must surrender the original certificate of registration to the ApHCC along with a signed statement advising that the animal has been sold without papers.

2. Upon the receipt of the certificate and statement signed by the recorded owner(s), the certificate will be cancelled and no subsequent transactions involving that animal after the date of cancellation will be recognized.

3. Failure to comply herewith and/or with any ApHCC terms and conditions is a contravention of the ApHCC Bylaws, Regulations and Rules and upon discovery is referable to the Law Review Committee.

D. Leases

1. For the lease of a horse to be recognized by the ApHCC, whether for breeding, racing, showing or performance purposes, a duplicate copy of the lease must be filed with the ApHCC, signed by both the lessor and lessee and submitted with the appropriate fee.

2. The notice shall provide the effective date of the lease and may provide a termination date.  Otherwise, it may be terminated by written notice, giving the termination date, signed by both lessor and lessee, or by a properly executed application for transfer of ownership from the lessor to lessee and which is signed by the lessor.

3. In regard to ApHCC procedures, the recording of a lease authorizes a lessee to execute all documents pertaining to the recognized activities of breeding, racing, showing or performance, provided that, to so authorize would not be in direct conflict with the provisions of the lease agreement, in the opinion, and at the sole discretion of the ApHCC Board. 

4. Transfer of ownership arising from recognized claiming races will terminate such lease.

5. During the effective term of the lease, the ApHCC will not record subsequent changes in ownership until the lease is terminated.

Information Regarding Horse Transfers and Duplicate Certificates

  1. In the case of the sale of a Registered or Recorded animal, the seller must file with the Secretary, as soon as is reasonably possible, an application for change of ownership of the animal. The application shall be submitted on a form provided by the Association and entitled "Transfer of Ownership, Appaloosa Horse Club of Canada," which form shall be completed as to all the required information, dated and signed by the seller. If a dispute arises between seller and buyer, it is suggested that you do not contact the Appaloosa Horse Club of Canada office. The Appaloosa Horse Club of Canada cannot act as judge or jury to decide who is right or wrong. We do suggest that you contact an attorney and if necessary settle in court. Our office will abide by the final decision of the court and will require a certified copy of the court judgement to complete the transfer.
  2. When submitting to the Secretary an application for Transfer of Ownership, the seller shall attach the Certificate of Registration or Record of the animal sold and the correct fees for transfer as specified on Section V of the by-laws.
  3. Upon receipt of a Transfer of Ownership, the Secretary shall, following verification that all particulars are complete and correct, make the necessary adjustments to the Records of the Association, and attest to the Transfer of Ownership on the reverse of the Certificate of Registration or Record for the new owner.
  4. If the animal being transferred is a bred female, a Breeding Certificate as specified under Section II shall accompany the application for transfer and the Secretary, upon completing the transfer, shall forward the Breeding Certificate with the Certificate of Registration or Record to the new owner.
  5. "Leases." For a lease of a horse to be recognized by the Appaloosa Horse Club, whether for breeding, racing, showing or performance purposes, a duplicate copy of the lease shall be filed with the Appaloosa Horse Club of Canada signed by both lessor and lessee and submitted with the appropriate fee to be paid by the lessor. The notice shall provide an effective date for the lease and may provide a termination date. Otherwise, it may be terminated by written notice, giving the termination date, signed by both lessor and lessee; or by a properly executed transfer report which shows a change of ownership from lessor to lessee and which is signed by the lessor. In regard to the Appaloosa Horse Club of Canada procedures, recording of a lease authorizes a lessee to execute all documents pertaining to the recognized activities of breeding, racing, showing or performance, regardless of any limitation in the actual lease agreement. Enforcement against the lessee of limitation on use of the horse is solely the responsibility of the lessor. Transfer of ownership arising from recognized claiming races will terminate such lease. During the effective term of the lease, the Appaloosa Horse Club of Canada will not record subsequent changes in ownership until the lease is terminated.
  6. A Duplicate Certificate of Registration or Record may be issued if the Registered or Recorded owner or his authorized agent files a statutory declaration giving full particulars of name, sex, number, description and breeding, and proving in a satisfactory manner that the original is lost or destroyed. Photos of the horse must accompany applications for duplicate certificates. Statutory Declaration forms may be obtained from the Association office. No more than one duplicate will be issued in any 12 month period. A registration certificate confiscated when registering in a foreign Appaloosa registry will be considered lost and a duplicate may be issued.