By Monica Dagua Benachi
Legal Clinic Lumen Gentium Catholic University Foundation, Unicatholic
The transfer to an indeterminate person is a special procedure that the Ministry of Transportation has implemented so that citizens can make, under certain conditions, the change of legal possession of a vehicle, which are duly specified in Resolution 3282 of 2019, and that the owner of the vehicle must comply with to carry out the procedure in question.
The conditions stipulated by the standard in question are the following:
• The transfer to an indeterminate person can be carried out by the current owner and that demonstrates that three years have passed counting that he no longer owns the vehicle and who has not done the due process of transfer.
• The one who is authorized and has the right to request the transfer to an indeterminate person is the last owner.
• This procedure must be carried out before the Transit agency in the place where the registered vehicle is located.
• You must be in good standing for fines and obligations of the vehicle.
• That you do not have the sales contract that shows that the vehicle is no longer in your ownership.
The documentation that must be presented to the Transit, to carry out the transfer to an indeterminate person, is regulated in article 3 of Resolution 3282, ‘Procedure for the registration of the transfer of a vehicle to an indeterminate person’, is the following :
1. Request for transfer process through the National Automotive Registry Procedures Request Form completed in its entirety and signed by the owner who registered with the competent transit agency. In the buyer field, the annotation must be made: ‘Indeterminate Person’.
2. Power of attorney when the last owner registered in the Single National Transit Registry (RUNT) did not act directly (it is optional).
3. Proof of peace and save in the payment of vehicle taxes for the last five (5) years, unless you enjoy some tax exemption.
4. Payment receipt for withholding at source, except for self-withholding persons not required to pay for this concept.
5. Payment of processing fees (transfer).
6. Document evidencing the lifting of any limitation or lien on the property, if any. In addition, domain limitation that must be previously lifted with the fulfillment of the corresponding requirements.
7. Document, under oath, signed by the last owner registered in the RUNT or his heirs. In the case of public law entities, signed by the holder and stating the date, the reasons why the transfer process was not formalized and a statement certifying that the whereabouts of the vehicle are unknown.
This procedure will have a specific time of no more than 30 days, to be reviewed and verified. And the requirements that Resolution 3282 of 2019 establishes must be met, to fully carry out the transfer to an indeterminate person.
It is expected that with the procedure described, citizens will have the opportunity to have the vehicles that appear in their name, and that for some reason did not undergo due process, process it and thus conclude it. With this, the cases of people who have been in process for crimes that they declare that they have not committed are avoided, since their vehicles are no longer in their hands.
The Unicatólica Legal Office receives your inquiries in the following email: [email protected]
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