Manufacturers and Distributors - Auto Industry Division

Motor Vehicle/Powersports Vehicle Manufacturer/Distributor

Motor Vehicle/Powersports Vehicle Distributor means a person, resident or nonresident, who, in whole or in part, sells or distributes new motor vehicles to motor vehicle dealers or who maintains distributor representatives.

Motor Vehicle/Powersports Vehicle Manufacturer means any person, firm, association, corporation, or trust, resident or nonresident, who manufactures or assembles new and unused motor vehicles; except that "manufacturer" shall not include: (a) Any person who only manufactures utility trailers that weigh less than two thousand pounds and does not manufacture any other type of motor vehicle; and (b) Any person, other than a manufacturer operating a dealer pursuant to section 12-6-120.5, who is a licensed dealer selling motor vehicles that such person has manufactured.

NOTE: Manufacturers may only sell motor vehicles/powersport vehicles to dealers. Manufacturers may not enfranchise any dealers if they hold a dealer license.

Definitions for Motor Vehicle/Powersports Vehicle Manufacturer/Distributor can be found in C.R.S. 12-6-102(5), (11) or C.R.S. 12-6-502(12), (13).  These statutes can be found here.

All Auto Industry applications and forms require that a licensee use their FULL LEGAL name as shown on the applicants Driver License or Identification Card

The following documents are required for a complete motor vehicle/powersports vehicle manufacturer or distributor application :

·         Application (DR 2635)

·        License Fee

·         Secure Verifiable Identification

·         Affidavit – Restriction on Public Benefits (DR 4679)

·         List of all dealers franchised to sell manufacturers motor vehicles/powersport vehicles including their dealer number and address

·         Copies of all written warranties or a statement that none are provided

·         Copy of the standard written agreement with dealers

·         Copy of all delivery and preparation obligations of dealers or a statement that none are required

·         Copy of the manufacturer certificate of origin (MCO)

·         Copy of Colorado Secretary of State Statement of Foreign Authority (if applicable)

·         Certified Court Documents (If applicable)

·         Other Documents the Applicant feels would be useful to the Colorado Motor Vehicle Dealer Board

In addition to the above information a distributor must also provide the following:

·         Copy of the distributor agreement with the manufacturer.

·         Name and license number of manufacturer

 

DETAILED EXPLAINATION OF REQUIRED DOCUMENTS:

·         Secure Verifiable Identification — A photocopy of an appropriate identification such as a Colorado Driver License. More information can be found here.

·         Manufacturer Certificate or Origin (MCO) – means a document issued by a vehicle manufacturer which establishes ownership of the new vehicle prior to the vehicle being titled.  This document is created by the manufacturer.  

·         Court Records:

o   If the applicant has ever been charged with, convicted of, received a deferred judgment/sentence, or pled no contest, to any felony, full details must be provided including type of crime, date, place of conviction, sentence received, etc. Certified court records must be included with the application.

o   If the applicant has been charged with, convicted of, received a deferred judgment/sentence, or pled no contest, to any misdemeanor crime in the past ten years, full details must be provided including type of crime, date, place of conviction, sentence received, etc. Certified court records must be included with the application.

o   It is the applicant’s responsibility to provide rehabilitation information for their criminal convictions.

 

·         Written Correspondence — If you have anything you wish the Motor Vehicle Dealer Board to take into account or need to explain any licensing character, criminal character, or financial character issues please provide it with the application. Failure to disclose any licensing character, criminal character, or financial character issues in writing with the application is considered a material misstatement and may result in your license being denied. When in doubt provide an explanation.

You cannot hold a license issued by the Executive Director of the Colorado Department of Revenue through the Auto Industry Division if you have been convicted of a felony within the last 10 years of an Article 3, 4, or 5 if Title 18 of the Colorado Revised Statutes or any crime involving odometer, salvage, motor vehicle title fraud, or the defrauding of a retail consumer in a motor vehicle sale or lease transaction.

 See C.R.S. 12-6-118(7)(a) and C.R.S. 12-6-520(6)(a).

·         Article 3 of Title 18 includes but is not limited to crimes against persons such as murder, assault, kidnapping, sexual assault, custody violation, menacing weapon, vehicular homicide, manslaughter, criminal extortion and enticing a child.

·         Article 4 of Title 18 includes but is not limited to crimes against property, arson, theft, burglary, robbery, criminal mischief over $500, criminal trespass in the 1st degree and unlawful transfer for sale (copyright infringement).

·         Article 5 of Title 18 includes but is not limited to fraud, forgery, criminal possession of a forged instrument or forging instrument, criminal impersonation, fraud by check (over $500), commercial bribery, bribery in sports and equity skimming.

Any license issued by the Executive Director of the Colorado Department of Revenue through the Auto Industry Division may be denied, suspended, or revoked if a material misstatement is made in an application for a license. A “Material Misstatement” means any false or misleading statement, omission, or misrepresentation regarding personal identification information, employment history, prior occupational licensing history, criminal background and history, including filings, indictments, municipal, misdemeanor, and/or felony convictions and deferred judgments.

For additional information contact the Auto Industry Division at (303) 205-5604.