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The 35 form serves a critical function in the realm of vehicle financing agreements, facilitating the formal termination of contracts related to hire purchase, lease, or hypothecation. When individuals or businesses enter into such agreements, they are bound by specific obligations and responsibilities regarding vehicle ownership and financing. Should the circumstances change, and the parties agree to terminate the contract, the 35 form is the official document required to signal this change. It is imperative that the form is completed in duplicate, ensuring that both the financier and the registered owner possess a copy for their records. A key aspect of this form is its request for the cancellation of the endorsement in the vehicle's Certificate of Registration, which reflects changes in ownership or financing agreements. The form must also be submitted along with the payment of a fee, and it includes spaces for signatures from both parties to affirm their mutual agreement. This process is crucial for maintaining accurate public records and protecting the interests of both parties. The involvement of the registering authority further underscores the necessity of an official acknowledgement of the termination and the proper maintenance of records in the relevant office. Through this structured process, the 35 form helps to ensure clarity and accountability in vehicle financing situations.

35 Example

FORM 35

[See Rule 61{1}]

Notice of Terminaton on Agreement of Hire Purchase/Lease/Hypothecation

(To be made in duplicate and duplicate copy with the endorsement of the registering authority to be returned to the financier simultaneously on making the entry in the certificate of registration)

To

Registering Authority

____________________

We hereby declare that the agreement of the hire-purchase/lease/hypothecation entered in to between us has been terminated. We therefore, request that note endorsed in the Certificate of Registration of Vehicle No

_______________ in respect of the said Agreement between us, be cancelled.

The Certificate of Registration together with fee is enclosed.

Signature of Registered Owner

Signature of the Financier

Date __________________

Strike out which is inapplicable

Office Endorsement

No ________________ Dated _________________ Office of the _________________________________

The cancellation of the entry of an agreement as requested above is recorded in this office registration record Form 24 and Registration Certificate on __________________________ (date)

________________________________

Signature of the Registering Authority

Date _________________________

To

______________________________

______________________________

(Name and Address of the Financier)

By registered post or delivered under proper acknowledgment

1

Form Characteristics

Fact Name Description
Form Purpose Form 35 serves to terminate an agreement for hire purchase, lease, or hypothecation.
Governing Rule The form is governed by Rule 61(1).
Submission Requirement The form must be made in duplicate; one copy is for the financier.
Registration Authority The form is submitted to the relevant registering authority for processing.
Vehicle Information Details of the vehicle, including its registration number, must be included.
Fee Requirement A fee must be enclosed with the Certificate of Registration when submitting Form 35.
Signatures Needed Both the registered owner and the financier need to sign the form.
Return Procedure The completed form should be delivered by registered post or acknowledged receipt.
Cancellation Confirmation The form includes a section for the registering authority to record the cancellation.
Date Requirement Important dates must be filled in, including the date of termination and endorsement.

Guidelines on Utilizing 35

After completing the 35 form, you'll be taking an essential step in finalizing the termination of your hire purchase, lease, or hypothecation agreement. The next steps include submitting the form to the appropriate registering authority and ensuring that the cancellation is properly documented. It's crucial that all information is accurate to avoid any delays in processing.

  1. Begin by filling out the name and address of the Registering Authority at the top of the form.
  2. In the declaration section, confirm the termination of the agreement and list the vehicle number to be referenced.
  3. Provide the details of the registered owner in the designated space, including their signature.
  4. Have the financier sign in the respective area to acknowledge the termination.
  5. Insert the date of signing in the provided field.
  6. Strike out any parts of the form that do not apply to your situation for clarity.
  7. Complete the section for office endorsement by writing in the endorsement number and date as required.
  8. Sign the section confirming the cancellation, followed by the date.
  9. Prepare the certificate of registration and any required fee to be submitted with the form.
  10. Send the completed form along with the certificate to the specified financier, either by registered post or by delivering it with proper acknowledgment.

Make sure to keep a copy of all submitted documents for your records. This will help you track the progress and serve as proof of your request to terminate the agreement.

What You Should Know About This Form

What is Form 35?

Form 35 is a document used to notify the registering authority about the termination of an agreement related to hire purchase, lease, or hypothecation of a vehicle. It is necessary for updating the Certificate of Registration, ensuring that the termination is formally recognized on official records.

Who needs to fill out Form 35?

Both the registered owner of the vehicle and the financier involved in the hire purchase, lease, or hypothecation agreement must complete Form 35. Both parties must acknowledge the termination for the process to proceed smoothly.

What information is required on Form 35?

Form 35 requires details such as the vehicle registration number, the names and signatures of both parties, and the date of termination. It must also include any applicable fees and a clear statement requesting cancellation of the registered agreement.

How many copies of Form 35 should be submitted?

Form 35 must be submitted in duplicate. One copy is for the registering authority while the other should be kept by the financier upon endorsement. This ensures that both parties have a record of the termination.

Where should Form 35 be submitted?

Form 35 should be submitted to the local registering authority that oversees vehicle registrations. This is typically the Department of Motor Vehicles (DMV) or its equivalent in your state.

What happens after Form 35 is submitted?

Upon receiving Form 35, the registering authority will verify the details and update the Certificate of Registration. They will also endorse the Form 35 to confirm that they have processed the cancellation of the agreement.

Is there a fee associated with filing Form 35?

Yes, there is usually a fee that must accompany Form 35 when it is submitted. The exact amount can vary by state, so it is advisable to check with the local registering authority for the current rates.

How long does it take to process Form 35?

The processing time for Form 35 can vary. Typically, it may take a few days to a couple of weeks, depending on the workload of the registering authority and their internal processes.

What if there are mistakes on Form 35?

If there are mistakes on Form 35, it is best to correct them before submission. If the form has already been submitted and errors are discovered, contact the registering authority immediately for their guidance on how to rectify the situation.

Can Form 35 be submitted electronically?

Some states may allow electronic submission of Form 35, while others may require physical copies. It's essential to verify with the local registering authority to see what submission methods are acceptable in your area.

Common mistakes

Filling out Form 35 can seem straightforward, but there are common pitfalls that many individuals encounter. By being aware of these mistakes, you can ensure the process is smoother and more effective.

One frequent error is failing to accurately identify the vehicle. This form requires vehicle registration details that must match exactly with official records. People often overlook double-checking this information, leading to potential delays in processing due to discrepancies.

Another common mistake involves neglecting the proper completion of the signatures. Both the registered owner and the financier must sign the document. Omitting a signature or having a signature that doesn’t match the one on file can invalidate the request and result in complications.

Many individuals also forget to include the necessary fee with the application. The term ‘enclosed fee’ may seem insignificant, but without proper payment, the request will not be processed. It is essential to verify the current fee structure before submission to avoid surprises.

People sometimes fail to note the date of termination clearly on the form. An accurate date is crucial as it marks when the agreement officially ends. This oversight might not only delay processing but can also lead to potential legal issues later.

Improperly striking out inapplicable sections is another mistake encountered frequently. When the form instructs to “strike out which is inapplicable,” many do not follow this guidance effectively. This can lead to ambiguity and confusion about the intended meaning of the form.

In some cases, individuals may forget to send a duplicate copy of the form to the registering authority. Failing to provide two complete copies can affect the tracking of the agreement's termination and complicate communication with all parties involved.

Moreover, failing to keep proof of delivery can pose problems. Whether the form is sent via registered post or delivered directly, retaining acknowledgment of delivery is essential. This serves as evidence in case of disputes about whether the request was submitted accurately.

Lastly, rushing the process often results in errors. Giving yourself adequate time to fill out the form carefully can save you from mistakes that might require resubmission. Taking a moment to review all entries can make a significant difference in ensuring the request is processed without delay.

By being mindful of these common mistakes, you can navigate the intricacies of Form 35 with confidence. Attention to detail will help facilitate a smoother termination process.

Documents used along the form

The following documents are often used in conjunction with Form 35 for termination of hire purchase or lease agreements. Each document plays a specific role in the process. It's important to understand each one to ensure a smooth transaction.

  • Form 24: This form is typically used to register the cancellation of an agreement. It serves as proof that the termination has been officially recognized by the registering authority.
  • Registration Certificate: This document proves legal ownership of the vehicle. It may need to be updated to reflect the termination of the hire purchase or lease.
  • Financier’s Acknowledgment: Often required as proof that the financier has acknowledged the termination of the agreement. This may be a signed letter or form from the financier.
  • Termination Notice: A written notice can be generated to inform the financier and other parties about the termination. It should clearly state the reasons for termination.
  • Proof of Payment: Evidence that all payments have been made up to the date of termination. This might include receipts or bank statements.
  • Vehicle Inspection Report: This document verifies the condition of the vehicle at the time of termination. It may be required to protect both parties from disputes later on.
  • Power of Attorney: If someone is acting on behalf of the registered owner, this document authorizes them to do so. It must be signed by the owner.
  • Release of Liability: After the agreement is terminated, this form may be needed to ensure that the owner is no longer responsible for the vehicle.

By preparing these documents in advance, you can make the termination process more efficient and worry-free. Make sure to consult with the concerned parties for clarity on requirements.

Similar forms

  • Form 24: Similar to Form 35, Form 24 serves as a notification for terminating an agreement related to vehicle registration. It also requires documentation to be maintained and formal entries made in the vehicle registration records, ensuring the cancellation is officially recorded.

  • Form 26: Like Form 35, Form 26 is another official document required for vehicle registration matters. It is used for the transfer of ownership, enabling proper transition of the vehicle's legal status, and necessitates collaboration between the buyer and seller, similar to the termination process described in Form 35.

  • Form 29: Form 29 is a statutory document for the transfer of vehicle ownership. It requires both parties to acknowledge and validate their agreement, paralleling the mutual termination agreement in Form 35, emphasizing clear communication between stakeholders in the transaction.

  • Form 30: This form acts as an application for the transfer of ownership following a sale. It aligns with Form 35 by requiring signatures and acknowledgments from both the seller and buyer, further detailing the ownership transfer process.

  • Form 31: Similar to Form 35, Form 31 is used for the notice of change in address or status of the vehicle owner. It ensures that all pertinent information is updated officially, mirroring the termination notice's purpose of maintaining accurate vehicle records.

  • Form 33: This form pertains to the issue of a duplicate certificate of registration. It bears resemblance to Form 35 in that both involve requests for official changes linked to vehicle ownership, requiring submission to the registering authority for compliance.

  • Form 35A: Used in cases of termination initiated by the financier, Form 35A facilitates communication about ending agreements. Like Form 35, it relies on mutual acknowledgment and has a similar process for updating registration records.

  • Form 36: This form deals with the abandonment of a vehicle. While it varies somewhat in context, it still involves official documenting of a change related to vehicle status, resonating with the termination notice’s intent to update vehicle registration records.

Dos and Don'ts

When filling out Form 35, it’s important to approach the process with care. Here’s a helpful list of what you should and shouldn’t do:

  • Do double-check all vehicle information to ensure it’s accurate.
  • Don’t leave any fields blank. Fill in everything to avoid delays.
  • Do ensure both signatures—the Registered Owner and the Financier—are included.
  • Don’t forget to send the form to the correct registering authority.
  • Do keep a copy of the submitted form for your records.

Following these guidelines can help streamline the process and avoid common pitfalls when handling Form 35.

Misconceptions

The following list addresses common misconceptions about Form 35, which is used for the termination of hire purchase, lease, or hypothecation agreements.

  1. Form 35 is only used for vehicle registration cancellations. This is incorrect. While it is commonly associated with vehicles, Form 35 can also apply to other assets governed by hire purchase or lease agreements.
  2. The form must be submitted in person at the registering authority's office. This is a misconception. The form can be sent by registered post or delivered with proper acknowledgment, providing flexibility in submission methods.
  3. Only the financier can initiate the termination. This is not true. Both the registered owner and the financier must sign the form, indicating that mutual agreement has been reached to terminate the contract.
  4. Submitting Form 35 automatically cancels the vehicle registration. This is misleading. The form requests cancellation, but it is up to the registering authority to process the request and update their records accordingly.
  5. The registration fee is always refundable when using Form 35. This is a misconception. The form itself does not guarantee a refund of registration fees; the policies vary based on the local authority's regulations.
  6. Form 35 can be filed anytime without specific conditions. This is incorrect. The form should only be filed when both parties agree to terminate the contract, typically at the end of the lease or hire agreement.
  7. Late filing of Form 35 results in penalties. While prompt filing is advised, not all jurisdictions impose penalties for late submission. However, it may delay the termination process.
  8. The cancellation is instantaneous after submitting Form 35. This is misleading. The cancellation may take some time, as it depends on the processing time of the registering authority after submission.
  9. Only one copy of Form 35 is needed for the process. This is incorrect. Two copies should be prepared, with one being returned to the financier after endorsement by the registering authority.

Key takeaways

When dealing with the 35 Form, a few key elements are crucial to understand. Here’s a summary to keep in mind:

  • This form is used to officially terminate a hire purchase, lease, or hypothecation agreement.
  • The 35 Form must be completed in duplicate, ensuring that both copies are appropriately filled out.
  • It is important to submit the form to the correct registering authority relevant to the vehicle.
  • You must clearly state the vehicle number for which the agreement is being terminated.
  • Ensure that the signed document is accompanied by the necessary fee for processing.
  • Both the registered owner and the financier need to sign the form to make it valid.
  • After submission, the registering authority will update their records accordingly, documenting the termination.
  • A copy of the completed form should be sent to the financier via registered post or delivered with proper acknowledgment.
  • Keep a record of all documents submitted and any correspondence related to the form.
  • It’s crucial to send in the form promptly after the termination of the agreement to avoid any potential disputes.

Adhering to these guidelines will help ensure a smooth process in terminating your agreement.