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Notice of Registry Rule Changes

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The American Saddlebred Horse and Breeders Association (ASHBA) Registry Services is pleased to provide our members with an update to the Registry Rules regarding Changes & Corrections to Registration Certificates and the Transfer of Ownership without a signed transfer form.

New Registry Rules Regarding Transfer of Ownership

E. TRANSFER WITHOUT SIGNATURE OF RECORDED OWNER

1. Unbroken Chain of Ownership – Transfers by Operation of Law

Whenever legal title to a registered American Saddlebred 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:

a. A copy of the legal document effecting 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.

b. Payment of applicable fees;

c. The original registration certificate; and

d. 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.

2. Broken Chain of Ownership.

a. If there are gaps in the chain of ownership and/or the current Recorded Owner fails to complete the required transfer documentation and ownership of a registered American Saddlebred is conveyed:

i. Pursuant to the seizure by a governmental agency pursuant to legal process

ii. Pursuant to a legal adoption by a nonprofit rescue organization exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code;

iii. Pursuant to a lien foreclosure sale that is not part of a judicial process (e.g., agister’s or stableman’s lien);

iv. 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 not recognized by the Association pursuant to Section V.D. above; or

v. Pursuant to a direct sale by the Recorded Owner 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.

b. The new owner shall submit the following documentation regarding the registered American Saddlebred:

i. An application that includes the name of the transferor and the new owner, the color, sex, and markings of the horse, and registered name, if known; (The Application for Conditional Transfer Form is available on our website under the Forms section)

ii. Proof of horse identity (DNA) and four (4) color photos, and confirmation that the horse is a registered American Saddlebred;

iii. Payment of applicable fees;

(Staff assistance with updating Chain of Ownership for horse/Application for Conditional Transfer: $100.00. Also requires DNA test fee ($50) and Transfer of Ownership fees)

iv. 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; v. Indemnification agreement in favor of the Association; (Indemnification and Hold Harmless Agreement form is available on our website under Forms) and vi. Such other documentation or information as the Registry may request in its discretion.

c. Upon receipt of the completed documentation, the Registry will notify the last Recorded Owner of such horse to determine if the last Recorded Owner asserts a contractual or statutory claim to the horse.

i. 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.

ii. 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. 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. 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 Registry may convene the Registry Rules Committee to decide whether to issue any duplicate certificates and record transfers under this Section.

d. Provided the requirements of this Section V.E.2. 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 American Saddlebred. Conditional transfers of registered horses are valid for nine (9) months; if within that time apparently correct or justified claim is made to challenge the transfer, the conditional transfer will be cancelled. If no apparently correct or justified claim is made by the end of the nine (9) month conditional period, the transfer will be made permanent. During the period of a conditional transfer, 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. Determination of the existence of an apparently correct or justified claim to challenge the transfer will be made by the Registry Rules Committee in its sole discretion. If a conditional transfer is cancelled, the current owner may apply to a court of competent jurisdiction to resolve the issue and order transfer of the registration of the horse to the current owner.

Changes and Corrections to a Registration Certificate

The rules regarding changes and corrections to a registration certificate have been reorganized to make the rules clearer about which requirements apply to which situations.

SECTION IV. CERTIFICATE CHANGES & REPLACEMENTS

E. CHANGE OF COLOR, MARKINGS, OR FOALING MONTH; REMOVAL OF SCARS OR BRANDS; CORRECTION OF THE DATE OF TRANSFER; OR REGISTERED OWNER NAME CHANGE

A new certificate is issued to indicate a change in color, markings, foaling month, the removal of scars or brands which previously had been indicated on the certificate, or the correction of a date of transfer or marital or other name changes of Recorded Owners. The Registry office must be provided with the original Certificate of Registration before a corrected certificate can be issued. The following conditions apply to all corrected certificates:

1. Correction of an original Certificate of Registration may be obtained by the Recorded Owner filing a duly notarized affidavit indicating the specific change requested. The affidavit is to be accompanied by the necessary fee, plus four current color photographs of the horse, showing both sides, front, and rear views.

2. When a significant correction in the description of a horse is requested, positive identification may be required if the ownership is no longer recorded in the name of the original Recorded Owner.

3. If the application for a corrected certificate contains a discrepancy of such a nature as to bring into question the identity of the horse, the Registry may require inspection of the horse and/or parentage DNA testing.

4. To correct the date of a transfer recorded with the Registry, it is required that the Registry be provided with signed statements from BOTH seller and buyer giving the correct date of transfer and such other documentation the Registry may request. The Registry must be provided with the original certificate and any applicable fees in order to issue a corrected certificate.

5. To correct the name of a Recorded Owner whose name has been changed because of change in marital status, change in entity name, or other reasons, the Registry must be provided with the original certificate, any applicable fees in order to issue a corrected certificate, and any other documentation the Registry may request.

F.  EXEMPT CORRECTIONS

1. Within thirty (30) days from the time the Certificate of Registration is mailed from the Registry office, for no additional charge, the owner may return the certificate to the Registry for correction of inaccuracies, accompanied by necessary documentation for the change. Such corrections do not include name changes.

2. For markings and color corrections for new registrations, the owner may return the certificate, for no additional charge, if submitted within twelve (12) months of the foaling date. Current color photos must accompany the certificate.

Click here for a complete copy of the Registry Rules effective May 1, 2022.

New Registry Rules Regarding Transfer of OwnershipNew Registry Rules Regarding Transfer of Ownership