Mississippi Administrative Code › Title 16 - History, Humanities and Arts › Part 5 - Museum Division › Chapter 1 - Collections Policy › Rule 16-5-1.3 - Incoming Loans

Current through June 25, 2024
A.
Policy:
Authority for incoming loans is shared by the Museum Division
				  director, the director of curatorial services, and the director of collections.
				  The Museum Division may borrow objects from institutions and individuals for
				  specific purposes such as exhibition and/or research. The Museum Division
				  acknowledges and supports the American Association of Museums Guidelines on
				  Exhibiting Borrowed Objects. Loans of objects from individuals are preferably
				  limited to a time period of two years or less with an option for renewal if
				  agreeable to both parties, but may, under special circumstances, be loaned for
				  a specified time period of over five years at the recommendation of the Museum
				  Division. Loans of objects from institutions are usually limited to a time
				  period of five years or less, but may, under special circumstances, be loaned
				  for a specified time period of over five years at the recommendation of the
				  Museum Division director and with the approval of the Board of Trustees. To
				  receive such approval, the Museum Division director will provide the Board with
				  written justification for the loan request that considers the following
				  criteria:
1. The object is of unique
				quality and relevant to a specific exhibition purpose of the Museum
				Division.
2. Care and custody of
				the object will not exceed the Museum Division's resources.
3. The extended loan of the object may lead
				to donation of the object to the Museum Division.
A loan may be terminated before the agreed upon end date by
				  either party, provided that written notice of termination is received thirty
				  days in advance of the proposed early termination date.
According to prior policy and in accordance with
				  Mississippi's Museum Unclaimed Property Act (Mississippi Code 1972 Annotated,
				  Section 39-19), the Museum Division will not under any circumstances accept
				  so-called "indefinit" or "permanent- loans.
Objects on loan are to be provided with the same professional
				  level of care afforded objects owned by the Museum Division. The Museum
				  Division will not knowingly accept an object on loan if the physical condition
				  is such that the object will not be able to withstand travel to and from the
				  Museum Division and/or exhibition.
Lenders to the Museum Division shall have obtained the object
				  legally and ethically and have a clear and verifiable title of ownership to the
				  object.
Conditions governing the loan of objects to the Museum
				  Division are printed on the form as follows:
The Museum Division fully complies with Mississippi's Museum
				  Unclaimed Property Act (Mississippi Code 1972
Annotated
,
				  Section
				  39-19-1)
				  and hereby notifies all lenders of said act.
1.
Care and Preservation:
a. The Museum Division will give borrowed
				objects the same care and protection as it does to comparable objects in its
				own collection. It is understood by the Lender and the Museum Division that all
				tangible objects are subject to gradual inherent deterioration for which
				neither party is responsible.
b.
				Evidence of damage at the time of receipt or while in the Museum Division's
				custody will be promptly reported to the Lender.
c. Unless there is a written agreement
				between the Museum Division and the Lender to the contrary, the Museum Division
				may apply conservation measures to property on loan to the Museum Division
				without the Lender's or claimant's permission if immediate action is required
				to protect the property on loan or if the loaned property is a hazard to the
				health and safety of the public or Museum staff.
2.
Packing and Transportation:
a. The Lender certifies that the object(s)
				lent are in such condition as to withstand ordinary strains of packing and
				transportation.
b. Costs of packing
				and transportation will be borne by the Museum Division. The method of shipment
				must be agreed upon by both parties.
c. The Lender will assure that said object(s)
				is (are) adequately and securely packed for the type of shipment agreed upon,
				including any special instructions for unpacking and repacking. Objects will be
				returned packed in the same or similar materials as received unless otherwise
				authorized by the Lender.
3.
Insurance:
a. Unless otherwise noted, the Museum
				Division will insure borrowed object(s) for the amount specified by the Lender
				herein which must reflect fairmarket value. If the Lender fails to indicate an
				amount, the loaned item is still insured.
b. In the case of long-term loans, it is the
				responsibility of the Lender to notify the Museum Division of current insurance
				valuations.
c. The amount payable
				by insurance secured in accordance with this loan agreement is the sole
				recovery available to the Lender from the Museum Division in the event of loss
				or damage.
4.
Photography and Credit:
a.
				Unless otherwise notified in writing by the Lender, the Museum Division may
				photograph or copy borrowed object(s) for record, educational, publication,
				and/or publicity purposes.
b. It is
				understood that objects on exhibit may be photographed by the general
				public.
c. Unless otherwise
				instructed in writing, the Museum Division will give credit to the Lender as
				specified on the face of this agreement in any publications.
5.
Ownership and/or Address
				Change:
a. To help prevent unclaimed
				loans, the "Lender's Custodian- contact information must be completed for all
				loans from individuals. It is the responsibility of the Lender or their agent
				to notify the Museum Division promptly in writing if there is any change in
				ownership of the object(s) or if there is a change in the identity or address
				of the Lender.
b. The Museum
				Division assumes no responsibility to search for a Lender (or owner) who cannot
				be reached at the address of record.
6.
Return of Loans:
a. Unless otherwise agreed in writing, with
				thirty days advanced notice, the loan terminates on the date specified on the
				face of this agreement.
b. When the
				loaned object(s) is (are) returned, the Museum Division will send the Lender a
				receipt form. If this form is not signed and returned within thirty days after
				mailing, the Museum Division will not be responsible for any damages or
				loss.
c. If the Museum Division,
				after making all reasonable efforts and through no fault of its own, is unable
				to return the object(s) within sixty days of the termination of the loan, then
				the Museum Division shall have the absolute right to place the object(s) in
				storage or to return them at the owner's risk and expense. If after five years
				such property shall not have been reclaimed, then, the Museum Division may seek
				title to the unclaimed property through Mississippi's Museum Unclaimed Property
				Act.
Complete records on all incoming loans are maintained in the
				  collections office by the collections staff.