Missouri Revised Statutes













Chapter 184

Museums--Metropolitan Park Districts and Memorials

←184.112

Section 184.114.1

184.116→

August 28, 2015

Intent to preserve interest in property on loan to museum, content, filed when--effective period--extension, procedure--insufficiency of intent notice, duties, procedure--sections 184.101 to 184.114, effective date.

184.114. 1. A notice of intent to preserve an interest in property on

loan to a museum filed pursuant to sections 184.101 to 184.122 shall be in

writing and shall be filed with the museum within ninety days after the date

of 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

museum on the date it is received by the museum. Filing of the notice does

not validate or make enforceable any claim which would be extinguished under

the terms of a written loan agreement or which would otherwise be invalid or

unenforceable. The notice of intent to preserve an interest in loaned

property shall be effective for two years after it is filed with the museum.

The museum shall notify the lender by restricted certified mail within thirty

days after the expiration of the initial two-year period covered by the notice

of intent to preserve an interest. The lender or claimant may extend his

intent to preserve an interest for two years by filing another notice in

accordance with this section.



2. A notice of intent to preserve an interest in loaned property shall

contain the following information:



(1) A description of the property adequate to enable the museum to

identify the property;



(2) Documentation sufficient to establish the claimant as the true owner

of the property;



(3) A statement attesting to the truth, to the best of the claimant's

knowledge, of all information included in or with the notice of intent to

preserve an interest in loaned property;



(4) The signature, under penalty of perjury, of the claimant or a person

authorized to act on behalf of the claimant.



3. The museum need not retain a notice to preserve an interest in

property that does not meet the requirements set forth in subsections 1 and 2

of this section. The museum may notify the claimant at the address given on

the notice of intent to preserve an interest in property that the museum

believes the notice is ineffective to preserve an interest in the property,

and the reasons for the insufficiency. The claimant may file with the museum

an amended notice of intent to preserve an interest in the property within

the later of the time remaining to file a notice or twenty days after the

date of notification of ineffectiveness. Retention by the museum of a notice

under section 184.121 does not mean that the museum accepts the sufficiency

or accuracy of the notice or that the notice is effective to preserve an

interest in property on loan to the museum.



4. The director shall adopt by rule a form of notice of intent to

preserve an interest in property on loan to a museum. The form shall satisfy

the requirements of subsection 1 of this section and shall notify the

claimant of the rights and procedures to preserve an interest in museum

property. The form shall also facilitate record keeping and record retrieval

by a museum. At a minimum, the form shall provide a place for recording

evidence of receipt of a notice by a museum, including the date of receipt,

signature of the person receiving the notice, and the date on which a copy of

the receipt is returned to the claimant.



5. Sections 184.101 to 184.114 shall become effective December 31, 1991.



(L. 1991 S.B. 344 § 8)



Effective 12-31-91







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