AHCA has adopted policies concerning necessary documentation required from transferors of registered cattle. These policies are publicized from time to time and are part of the Rules and Regulations of the organization.
AHCA takes reasonable measures to assure that transfers of registrations it processes are accurate and that all owners’ rights listed on a registration are protected.
AHCA accepts transfers with one listed owner’s signature by current AHCA members, up until it has reason to believe that further documentation is necessary in order to assure that all listed owners have knowledge of and agree with a transfer. AHCA may require at any time, in their sole discretion, the signatures of all listed co-owners on any registration being submitted for transfer.
Transfers by Multiple Co-owners (including spouses)
In addition, AHCA will accept transfers with only the signature of one listed owner, if the person signing the transfer forms agrees to the following provisions which will be included in the transfer forms.
“ The undersigned hereby represents and warrants to the American Highland Cattle Association (AHCA or Association) that he/she has full authority to execute this registration transfer; that all co- owners listed on this registration are alive and have been notified by the undersigned of this transfer, and that to the best of my knowledge and belief the other co-owners listed on this registration agree to this change in registration. In addition, the undersigned hereby indemnifies AHCA for any and all costs and out of pocket expenses, including but not limited to: staff time, travel expense, third party expenses, legal fees, court costs and damages incurred by AHCA arising out of a dispute with a co-owner listed on this registration.”
Transferring Ownership when there is a Dispute between Co-owners
In the event a dispute between co-owners becomes known to AHCA, including a divorce (threatened, pending or final), AHCA transfer agents may require any and all documentation deemed necessary in order to be assured that a transfer is being made by the proper parties. This documentation may include, but is not limited to:
- Properly executed transfer papers signed by all co-owners listed on the registration(s).
- A signed and notarized letter from the other co-owners that the transfer of specifically identified animals (including name and registration number) is authorized and approved.
- A divorce decree or order that shows that the specifically identified animals have been subject to a divorce decree and have been transferred to the person seeking the transfer.
Joint Ownership WITH Right of Survivorship (JTROS)
Individuals may own their cattle with others. They may hold their cattle as a joint tenant with right of survivorship which AHCA has defined as “JTROS”. In this case, the registration (and your membership) should read: “John or Jane Doe”. In this case, in the event one of the co-owners dies, the other may automatically transfer the registered cattle. The AHCA transfer agents shall require any and all documentation showing that a death has occurred and that the surviving co-owners are the legal owners of the specifically identified animals. Such documentation shall include but not be limited to:
- A certified copy of the deceased co-owner’s death certificate.
Please note: You should no longer write JTROS on any paperwork (registrations, applications, etc).
Joint Ownership WITHOUT Right of Survivorship
In the event cattle are owned jointly, but not with rights of survivorship, but as “tenants in common”, then the surviving owners must provide additional documentation to verify that a transfer is authorized. Such ownership would be indicated on a registration (and your membership) using the word “and” such as: “John and Jane Doe”. In such cases, transfers shall require the following:
- A) certified copies of the decedent’s will or trust; b) certified copy of deceased co-owner’s death certification; c) and if issued, letters testamentary in the case of a will; d) have the executor and/or trustee complete and sign all original registration papers and requests for transfers; e) sign letter with representation and warranties by executor and/or trustee (download letter provided on AHCA’s website under printable forms tab); and/or
- Certified copies of a probate court order which directs the transfer of the registered animals.
Ownership by Corporations, LLC’s, Partnerships or Others
In the event of transfers of animals owned by corporations, LLC’s, partnerships or joint ventures, the persons seeking to transfer registrations shall provide the AHCA transfer agents with documentation which specifically allows the person seeking the transfer to execute registration and transfer papers on behalf of the entity. The entity shall provide a certified copy of its board or management authorization of the individual authority to execute documents. A sample resolution may be found on the website (registration tab, printable forms) or by contacting AHCA.
Ownership, Registrations and Transfers by Non-Member Owners
Registered Highland cattle may be owned by non-members of AHCA. Non-members may not register cattle (including offspring of registered Highland cattle) without becoming a member of AHCA. Non- members may transfer registered cattle without joining AHCA; applicable fees apply. AHCA requires the signatures of all non-member owners who are selling or transferring registered Highland cattle. Also see Rules & Regulations Section XIV concerning membership issues.
All transfers of ownership require the payment of a transfer fee. In the event of a transfer due to death or divorce, the transfer fee is ten dollars ($10.00) per head, if AHCA is to reissue registration papers; or, five dollars ($5.00) per head if the transfer is only made electronically in AHCA’s Herdbook. In the later case, new certificates of ownership are only produced on a subsequent sale or transfer by the owner. All other transfers are subject to AHCA’s fees as adopted from time to time and set forth in its scheduled fees published in The Bagpipe and on the web page.