Form MV-46, Motor Vehicle Certificate of Title Bond

Form MV-46, Motor Vehicle Certificate of Title Bond, is a bond in which the vehicle owner, as Principal, and a licensed surety corporation bind themselves to the Georgia Department of Revenue Commissioner to cover losses if a Certificate of Title is issued for a vehicle without a prior state-issued title.

The form recites that the Principal has applied for a Certificate of Title under § 40-3-28 of the Official Code of Georgia Annotated for the vehicle described on it by year, make and Vehicle Identification Number. If a prior owner, lien holder or security interest holder, or a later purchaser or lienholder, suffers expense, loss or damage because the title was issued or because of a defect in or undisclosed security on the Principal's title and interest, the Commissioner has a right of action on the bond for that person's benefit.

The bond stays in force for four years from the date it is issued, unless the Commissioner has been notified of a breach of a condition of the bond.

The Gwinnett County Tax Commissioner's title bond page calls it the surety/title bond. The page says a title bond should be used only after all other efforts to obtain the title have been exhausted. The form is executed only together with the Motor Vehicle Certificate of Title Bond Affidavit, Form MV-46A, and the Certification of Inspection by Law Enforcement, Form T-22B.

The main group is a motor vehicle owner who needs a Georgia Certificate of Title, cannot get the state-issued title, and has exhausted all other efforts to obtain it. That owner signs Form MV-46 as Principal.

Two other parties take part in the bond:

• The surety. A corporation organized under the laws of a named state, authorized to do business in Georgia and licensed to guarantee bonds. A surety agent signs for it, and the Tax Commissioner's page says the bond must come with a power of attorney from the insurance company underwriting it.
• Two witnesses. The form has a witness signature line next to the Principal's signature and another next to the Surety Agent's signature.

Owners who can still obtain a state-issued title should not use a title bond; the agency page treats it as a last resort. Nothing on the form allows someone else to sign for the owner.

Form MV-46 is used when you apply for a Georgia Certificate of Title for a vehicle that has no state-issued title and every other effort to get one has failed. It goes in with the title application package, so it has no separate due date of its own.

Timing rules tied to the bond: the Georgia title must be issued within six months of the date of the bond, according to the Tax Commissioner's page. The bond itself remains in force for four years from the date of issuance unless the Georgia Department of Revenue Commissioner has been notified of a breach of a condition of the bond.

The form must be signed and dated with the day, month and year, and it is executed only when accompanied by Form MV-46A and Form T-22B.

Form MV-46 is submitted as part of the title bond application package to the Gwinnett County Tax Commissioner, whose title bond page is at https://www.gwinnetttaxcommissioner.com/motor-vehicle/general-titling/title-bond. The form itself prints no mailing address, portal or appointment rule.

The package listed on that page contains:

• the application for a Georgia Certificate of Title;
• the surety/title bond (Form MV-46) with a power of attorney from the insurance company underwriting it;
• the notarized affidavit, Form MV-46A;
• the Certification of Inspection, Form T-22B;
• the bill of sale or supporting documentation, the title history report, and any lien release notice that applies.

Do not alter or correct the form after completing it: the form states that any alteration or correction voids it, and that it must be complete and legible. Contact the Tax Commissioner's office for how and where to deliver the package. FillingPDF lets you fill out and download the PDF; submission follows the agency's channels.