Intent to preserve interest in property on loan to museum, content,filed when--effective period--extension, procedure--insufficiency ofintent notice, duties, procedure--sections 184.101 to 184.114,effective date.
184.114. 1. A notice of intent to preserve an interest in property onloan to a museum filed pursuant to sections 184.101 to 184.122 shall be inwriting and shall be filed with the museum within ninety days after the dateof the notice given by the museum pursuant to section 184.111 or 184.112.Notice of intent to preserve an interest shall be deemed filed with the museumon the date it is received by the museum. Filing of the notice does notvalidate or make enforceable any claim which would be extinguished under theterms of a written loan agreement or which would otherwise be invalid orunenforceable. The notice of intent to preserve an interest in loanedproperty shall be effective for two years after it is filed with the museum.The museum shall notify the lender by restricted certified mail within thirtydays after the expiration of the initial two-year period covered by the noticeof intent to preserve an interest. The lender or claimant may extend hisintent to preserve an interest for two years by filing another notice inaccordance with this section.
2. A notice of intent to preserve an interest in loaned property shallcontain the following information:
(1) A description of the property adequate to enable the museum toidentify the property;
(2) Documentation sufficient to establish the claimant as the true ownerof the property;
(3) A statement attesting to the truth, to the best of the claimant'sknowledge, of all information included in or with the notice of intent topreserve an interest in loaned property;
(4) The signature, under penalty of perjury, of the claimant or a personauthorized to act on behalf of the claimant.
3. The museum need not retain a notice to preserve an interest inproperty that does not meet the requirements set forth in subsections 1 and 2of this section. The museum may notify the claimant at the address given onthe notice of intent to preserve an interest in property that the museumbelieves the notice is ineffective to preserve an interest in the property,and the reasons for the insufficiency. The claimant may file with the museuman amended notice of intent to preserve an interest in the property within thelater of the time remaining to file a notice or twenty days after the date ofnotification of ineffectiveness. Retention by the museum of a notice undersection 184.121 does not mean that the museum accepts the sufficiency oraccuracy of the notice or that the notice is effective to preserve an interestin property on loan to the museum.
4. The director shall adopt by rule a form of notice of intent topreserve an interest in property on loan to a museum. The form shall satisfythe requirements of subsection 1 of this section and shall notify the claimantof the rights and procedures to preserve an interest in museum property. Theform shall also facilitate record keeping and record retrieval by a museum.At a minimum, the form shall provide a place for recording evidence of receiptof a notice by a museum, including the date of receipt, signature of theperson receiving the notice, and the date on which a copy of the receipt isreturned to the claimant.
5. Sections 184.101 to 184.114 shall become effective December 31, 1991.
Intent to preserve interest in property on loan to museum, content,filed when--effective period--extension, procedure--insufficiency ofintent notice, duties, procedure--sections 184.101 to 184.114,effective date.
184.114. 1. A notice of intent to preserve an interest in property onloan to a museum filed pursuant to sections 184.101 to 184.122 shall be inwriting and shall be filed with the museum within ninety days after the dateof the notice given by the museum pursuant to section 184.111 or 184.112.Notice of intent to preserve an interest shall be deemed filed with the museumon the date it is received by the museum. Filing of the notice does notvalidate or make enforceable any claim which would be extinguished under theterms of a written loan agreement or which would otherwise be invalid orunenforceable. The notice of intent to preserve an interest in loanedproperty shall be effective for two years after it is filed with the museum.The museum shall notify the lender by restricted certified mail within thirtydays after the expiration of the initial two-year period covered by the noticeof intent to preserve an interest. The lender or claimant may extend hisintent to preserve an interest for two years by filing another notice inaccordance with this section.
2. A notice of intent to preserve an interest in loaned property shallcontain the following information:
(1) A description of the property adequate to enable the museum toidentify the property;
(2) Documentation sufficient to establish the claimant as the true ownerof the property;
(3) A statement attesting to the truth, to the best of the claimant'sknowledge, of all information included in or with the notice of intent topreserve an interest in loaned property;
(4) The signature, under penalty of perjury, of the claimant or a personauthorized to act on behalf of the claimant.
3. The museum need not retain a notice to preserve an interest inproperty that does not meet the requirements set forth in subsections 1 and 2of this section. The museum may notify the claimant at the address given onthe notice of intent to preserve an interest in property that the museumbelieves the notice is ineffective to preserve an interest in the property,and the reasons for the insufficiency. The claimant may file with the museuman amended notice of intent to preserve an interest in the property within thelater of the time remaining to file a notice or twenty days after the date ofnotification of ineffectiveness. Retention by the museum of a notice undersection 184.121 does not mean that the museum accepts the sufficiency oraccuracy of the notice or that the notice is effective to preserve an interestin property on loan to the museum.
4. The director shall adopt by rule a form of notice of intent topreserve an interest in property on loan to a museum. The form shall satisfythe requirements of subsection 1 of this section and shall notify the claimantof the rights and procedures to preserve an interest in museum property. Theform shall also facilitate record keeping and record retrieval by a museum.At a minimum, the form shall provide a place for recording evidence of receiptof a notice by a museum, including the date of receipt, signature of theperson receiving the notice, and the date on which a copy of the receipt isreturned to the claimant.
5. Sections 184.101 to 184.114 shall become effective December 31, 1991.
Intent to preserve interest in property on loan to museum, content,filed when--effective period--extension, procedure--insufficiency ofintent notice, duties, procedure--sections 184.101 to 184.114,effective date.
184.114. 1. A notice of intent to preserve an interest in property onloan to a museum filed pursuant to sections 184.101 to 184.122 shall be inwriting and shall be filed with the museum within ninety days after the dateof the notice given by the museum pursuant to section 184.111 or 184.112.Notice of intent to preserve an interest shall be deemed filed with the museumon the date it is received by the museum. Filing of the notice does notvalidate or make enforceable any claim which would be extinguished under theterms of a written loan agreement or which would otherwise be invalid orunenforceable. The notice of intent to preserve an interest in loanedproperty shall be effective for two years after it is filed with the museum.The museum shall notify the lender by restricted certified mail within thirtydays after the expiration of the initial two-year period covered by the noticeof intent to preserve an interest. The lender or claimant may extend hisintent to preserve an interest for two years by filing another notice inaccordance with this section.
2. A notice of intent to preserve an interest in loaned property shallcontain the following information:
(1) A description of the property adequate to enable the museum toidentify the property;
(2) Documentation sufficient to establish the claimant as the true ownerof the property;
(3) A statement attesting to the truth, to the best of the claimant'sknowledge, of all information included in or with the notice of intent topreserve an interest in loaned property;
(4) The signature, under penalty of perjury, of the claimant or a personauthorized to act on behalf of the claimant.
3. The museum need not retain a notice to preserve an interest inproperty that does not meet the requirements set forth in subsections 1 and 2of this section. The museum may notify the claimant at the address given onthe notice of intent to preserve an interest in property that the museumbelieves the notice is ineffective to preserve an interest in the property,and the reasons for the insufficiency. The claimant may file with the museuman amended notice of intent to preserve an interest in the property within thelater of the time remaining to file a notice or twenty days after the date ofnotification of ineffectiveness. Retention by the museum of a notice undersection 184.121 does not mean that the museum accepts the sufficiency oraccuracy of the notice or that the notice is effective to preserve an interestin property on loan to the museum.
4. The director shall adopt by rule a form of notice of intent topreserve an interest in property on loan to a museum. The form shall satisfythe requirements of subsection 1 of this section and shall notify the claimantof the rights and procedures to preserve an interest in museum property. Theform shall also facilitate record keeping and record retrieval by a museum.At a minimum, the form shall provide a place for recording evidence of receiptof a notice by a museum, including the date of receipt, signature of theperson receiving the notice, and the date on which a copy of the receipt isreturned to the claimant.
5. Sections 184.101 to 184.114 shall become effective December 31, 1991.
