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13-5-1006. Duties of museum concerning a loan.
Arkansas Code — all titles (historical 2020) · legal_authorities
13-5-1006. Duties of museum concerning a loan.
(a) At the time of a loan to a museum, the museum shall:
(1) Make and retain a written record of the following:
(A) The lender's name, address, and telephone number;
(B) A description of the loan;
(C) The date of the loan; and
(D) The expiration date of the loan; and
(2) Provide the lender with a signed receipt or copy of the loan agreement containing the information set out in subdivision (a)(1) of this section.
(b) The museum's general duties with respect to a loan include:
(1) Updating museum records whenever:
(A) A lender informs the museum of a change of address or change in the ownership of the loan; and
(B) The lender and museum negotiate a change in the terms of the loan;
(2) Providing the lender with notice about any update concerning the lender's loan; and
(3) Providing copies of §§ 13-5-1004, 13-5-1007, and 13-5-1009:
(A) To each lender who made a loan to the museum before the effective date of this subchapter and that loan is in the custody of the museum;
(B) To the lender at the time of the loan; and
(C) Upon a lender's request.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 13-5-1006
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:13-5-1006
Source file: gov.ar.code.title.13.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 09c401f03c7d1d4884330432c91ce58ed63eac595a753bd536bfabda3ab7d19c
Source location: content.xml paragraph 2605
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13-5-1006. Duties of museum concerning a loan.
(a) At the time of a loan to a museum, the museum shall:
(1) Make and retain a written record of the following:
(A) The lender's name, address, and telephone number;
(B) A description of the loan;
(C) The date of the loan; and
(D) The expiration date of the loan; and
(2) Provide the lender with a signed receipt or copy of the loan agreement containing the information set out in subdivision (a)(1) of this section.
(b) The museum's general duties with respect to a loan include:
(1) Updating museum records whenever:
(A) A lender informs the museum of a change of address or change in the ownership of the loan; and
(B) The lender and museum negotiate a change in the terms of the loan;
(2) Providing the lender with notice about any update concerning the lender's loan; and
(3) Providing copies of §§ 13-5-1004, 13-5-1007, and 13-5-1009:
(A) To each lender who made a loan to the museum before the effective date of this subchapter and that loan is in the custody of the museum;
(B) To the lender at the time of the loan; and
(C) Upon a lender's request.
Cross-references
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Arkansas Code — all titles (historical 2020) · legal_authorities
13-5-1004. Procedure for obtaining ownership of an abandoned loan.
(a) By complying with subsection (b) or subsection (c) of this section, a museum may obtain ownership of a loan if:
(1) The loan agreement has expired; or
(2) Both:
(A) The loan has been in the museum's custody for more than ten (10) years; and
(B) The loan agreement does not provide for a longer term for the loan or another disposition.
(b)(1) If the address of the lender is known, the museum shall send the notice required in subsection (d) of this section to the lender by certified or registered mail, return receipt requested.
(2)(A) If the return receipt showing receipt of the notice is returned and the lender fails to object within ninety (90) days of the date of the return receipt, the loan shall be considered abandoned and its ownership shall vest in the museum.
(B) If the museum did not receive a return receipt showing receipt of the notice, the museum may proceed in accordance with the provisions of subsection (c) of this section.
(c)(1) If the museum is unable to determine the identity of the lender or the lender's address, the museum shall publish the notice required under subsection (d) of this section at least one (1) time a week for four (4) consecutive weeks in at least one (1) newspaper with general circulation in:
(A) The county:
(i) Of last known address of the lender; and
(ii) In which the museum is located; or
(B) The State of Arkansas.
(2) If the lender fails to object within ninety (90) days from the last date of the publication, the loan shall be considered abandoned and its ownership shall vest in the museum.
(d) The notice shall contain:
(1) The name, address, and telephone number of the museum;
(2) A complete description of the loan;
(3) The le
Source: Arkansas Code — historical release 78 (November 6, 2020) · 13-5-1004
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 13-5-1004. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
13-5-1007. Duties of lender concerning the lender's loan.
(a) A lender who has made a loan to a museum shall promptly notify the museum in writing about a change in:
(1) The lender's address; and
(2)(A) A change in the ownership of the loan.
(B)(i) It shall be the responsibility of the owner of a loan to provide sufficient proof of his or her ownership to the museum.
(ii) If there is a dispute about ownership, the museum shall not be liable for its good faith refusal to surrender a loan unless ordered by a court of competent jurisdiction.
(b) If the museum notifies the lender by certified or registered mail, return receipt requested, that the loan is terminated, the lender shall:
(1) Acknowledge in writing the termination and inform the museum whether the lender wants the return of the loan; and
(2)(A) Retrieve the loan no later than six (6) months from the date of the museum's notice terminating the loan if the lender wants the loan returned.
(B) If the lender fails to retrieve the loan within the time set out in subdivision (b)(2)(A) of this section, the loan shall be considered abandoned and ownership shall vest in the museum.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 13-5-1007
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 13-5-1007. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
13-5-1009. Conservation measures.
(a) If immediate conservation is necessary to protect a loan, a museum's property, or the safety and welfare of the public and the museum's staff and the loan agreement between the museum and the lender does not provide otherwise, a museum has the right to apply conservation measures to a loan without the lender's permission.
(b) If immediate conservation is not necessary but conservation is needed to preserve the loan's value, a museum has the right to apply a conservation measure to a loan:
(1) After the museum has notified the lender by certified or registered mail, return receipt requested, that a conservation measure is needed; and
(2) If the lender or claimant:
(A) Does not respond to the notice within seven (7) days after the date on the return receipt showing receipt of the notice; or
(B) Refuses to consent to the protective measures and will not agree to the termination of the loan and the immediate retrieval of the loan.
(c) When a conservation measure is undertaken under subsection (a) or subsection (b) of this section, the museum:
(1) Has a lien on the loan and on the proceeds of any disposition of the loan for the cost of the conservation measure; or
(2) Is not liable for any injury to or loss of the loan if the museum:
(A) Had a reasonable belief at the time conservation measures were taken that the conservation measures were necessary; and
(B) Exercised reasonable care in the choice and application of conservation measures.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 13-5-1009
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 13-5-1009. This identifies an authority to review, not proof of applicability.