Montana Code 22-3-506. Notice of intent to preserve interest
22-3-506. Notice of intent to preserve interest. (1) The owner of property on loan to a museum may file with the museum a notice of intent to preserve an interest in the property. This notice must be in writing and must contain a description of the property adequate to enable the museum to identify the property.
Terms Used In Montana Code 22-3-506
- Loan: means a deposit of property not accompanied by a transfer of title to the property. See Montana Code 22-3-503
- Museum: means an institution located in Montana and operated by a nonprofit corporation or a public agency primarily for educational, scientific, or aesthetic purposes, and that owns, borrows, or cares for and exhibits, studies, or catalogs property. See Montana Code 22-3-503
- Property: includes any tangible object, animate or inanimate, that has intrinsic historic, artistic, scientific, or cultural value. See Montana Code 22-3-503
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- Writing: includes printing. See Montana Code 1-1-203
(2)The filing of a notice of intent to preserve an interest in property on loan to a museum does not validate or make enforceable any claim that would be extinguished under the terms of a written loan agreement or that would otherwise be invalid or unenforceable.
(3)(a) Unless the loaned property is returned to the claimant, the museum shall retain for not less than 25 years the original or an accurate copy of any notice filed by a claimant under this section.
(b)The fact that the museum retains a notice may not be construed to mean that the notice is sufficient or accurate or that it is effective to preserve an interest in property on loan to the museum.
(4)A notice of intent to preserve an interest in property on loan to a museum satisfies the requirements of subsection (1) if it is in substantially the following form and contains the information and attachments described:
NOTICE TO PRESERVE AN INTEREST IN PROPERTY
ON LOAN TO A MUSEUM
Name of Museum Date………………..
Claimant’s Name
Address
(street address; city; state; zip code)
Telephone
Date Property Loaned
Description of Property
Documentation of ownership — check the appropriate box:
☐ Legible copy of original loan receipt attached
☐ Other documentation attached
If you are not the original lender, describe the origin of your interest in the property and attach a copy of any document that creates your interest:
I understand that I must promptly notify the museum in writing of any change of address or change in ownership of the loaned property.
I declare under penalty of false swearing that to the best of my knowledge the information contained in this notice is true.
SIGNED
(claimant)
OR I declare under penalty of false swearing that I am authorized to act on behalf of the claimant and am informed and believe that the information contained in this notice is true.
SIGNED
(claimant’s representative)