§ 19.13 Definitions. As used in this article: 1. “Claimant” means a person who asserts ownership or some other legal right to undocumented property held by the office. 2. “Loan” means a deposit of property with the office not accompanied by a transfer to the office of title to the property. 3. “Lender” means a […]
§ 19.14 Notice by mail. A notice given by the office under this article must be mailed to the lender’s last known address by certified mail, return receipt requested. Service by mail is complete if the office receives proof that the notice was received not more than thirty days after it was mailed.
§ 19.15 Notice by publication. 1. Notice may be given by publication if the office does not: (a) know the identity of the lender; or (b) know the address of the lender; or (c) receive proof that the notice mailed under section 19.14 of this article was received within thirty days of mailing. 2. Notice […]
§ 19.16 Basic notice requirements. In addition to any other information that may be required or seem appropriate, any notice given under this article must contain the following: 1. The name of the lender, if known. 2. The last address of the lender, if known. 3. A brief description of the property on loan. 4. […]
§ 19.17 Clarifying title to property on loan. Notwithstanding any other provisions of law regarding abandoned or lost property the office may, beginning five years from the date the lender last contacted the office, clarify title to property on permanent loan or loaned for an indeterminate period or a specified term that has expired. Proof […]
§ 19.18 Acquiring title to undocumented property. Notwithstanding any other provision of law regarding abandoned or lost property the office may acquire title to undocumented property held by the office for at least five years as follows: 1. The office must give notice by publication that it is asserting title to the undocumented property. 2. […]
§ 19.19 Notice to international foundation for art research. A copy of all notices required by section 19.17 or 19.18 of this article shall be sent, by certified mail, return receipt requested, to the International Foundation for Art Research, or any successor foundation or agency having similar purposes, on or before the date on which […]
§ 19.20 Property acquired from the office. Any person who purchases or otherwise acquires property from the office acquires good title to such property if the office has acquired title in accordance with this article.
§ 19.21 Stolen property. The provisions of sections 19.17 and 19.18 of this article shall not apply to any property that has been reported as stolen to a law enforcement agency or to the Art Theft Archives of the International Foundation for Art Research, or any successor foundation or agency having similar purposes, no later […]
§ 19.22 Office’s duty to lenders. 1. When the office accepts a loan of property, it shall inform the lender in writing of the provisions of this article. The office shall also give notice to all lenders of any change in the address, status or jurisdiction of the office. 2. The office shall give a […]
§ 19.23 Lender’s duty to the office. The owner of property loaned to the office is responsible for promptly notifying the office, in writing, of any change of address or change in the ownership of the property.
§ 19.24 Conservation of loaned property. 1. Unless there is a written loan agreement to the contrary, the office may apply conservation measures to property on loan to the office without giving formal notice or first obtaining the lender’s permission if action is required to protect the property on loan or other property in the […]
§ 19.25 Office recordkeeping. The office shall maintain or continue to maintain, as the case may be and to the extent such information is available, a record of acquisition, whether by purchase, bequest, gift, loan or otherwise, of property for display or collection and of deaccessioning or loan of property currently held or thereafter acquired […]
§ 19.26 Limitations on actions against the office. Notwithstanding the provisions of the civil practice law and rules or any other law, except for laws governing actions to recover stolen property: 1. No action against the office for damages arising out of injury to or loss of property loaned to the office shall be commenced […]
§ 19.27 Limitations on actions by the office. The procedures set forth in sections 19.14, 19.15, 19.16, 19.17, 19.18 and 19.19 of this article shall not be available to the office unless the office shall have fully complied with section 19.25 of this article. In the event that the office shall have failed to comply […]
§ 19.28 Acquisition of property by gift or bequest. 1. Prior to the acquisition of property by gift, the office shall provide the donor with a written copy of the appropriate facility collections policy, which shall include policies and procedures of the office relating to deaccessioning. 2. If the office has the knowledge of a […]
§ 19.29 Deaccessioning. Notwithstanding any other provision of law, the commissioner may donate a work of art or an historic or other object of personal property under the jurisdiction of the office to a public corporation. The commissioner may also dispose of such property directly pursuant to a process set forth in regulation which is […]
