Art Collecting Legal Handbook, The

Collecting, preserving and promoting cultural goods, whether fine art, archaeological objects or decorative arts, is now global. Oddly, rules and practices have remained very local, save for ICOM’s efforts at the institutional level and UNESCO’s endeavours to help preserve national cultural heritage and combat illicit trafficking.This book is designed to help the collector and their advisers navigate the maze on an international level. Each chapter of The Art CollectingManual addresses a number of issues from the perspective of a different jurisdiction to help collectors making errorsthat could bepotenitally illegal. The format of the chapters follow a question and answerstyle thus enabling readers to make quick and accurate comparisons in multiple jurisdictions covering property law, insurance, customs, tax, inheritance, intellectual property and more. A collectable in itself, this title crosses the line between highlyfunctional and aesthetically pleasing, the perfect addition for anyone who worksin international art dealings.Jurisdictional Coverage:Introduction -Bruno Boesch & Massimo SterpiForewords - Sabina von Arx, Morgan StanleySamuel Keller , Fondation BeyelerJulien Anfruns, Director General of the International Council of MuseumsDaniel McClean, Head of Art and Cultural Property at Howard Kennedy FSI1.Argentina - Negri & Teijeiro Abogados, Julian Javier Negri2.Australia - Corrs Chambers Westgarth, Janet Whiting, Stephen Stern & Reynah Tang3.Austria - Fiebinger Polak Leon Rechtsanwalte, Peter M Polak, Sabine-Katharina Andreasch & Christian Eder4.Belgium - Lambrecht Law Office, Lucie Lambrecht5.Canada - Norton Rose, Brian W Gray & Ben Frenken6.China - King & Wood Mallesons Shanghai, Denning Jin7.England & Wales – Farrer & Co LLP, Adrian Parkhouse & James Carleton8.Finland – Roschier, Rainer Hilli & Suvi Laes9.France – UGGC, Jean François Canat & Anne Boutron1.Germany - K&L Gates, Dr Friederike Gräfin von Brühl11.Greece - Malamis & Malamis, Alkisti-Irene Malamis & Aristeidis Papathanasiou12.Hungary - SBGK Ügyvédi Iroda / SBGK, Dr Katalin Szamosi & Dr Eniko Karsay13.India – by Lataa Krishnamurti, Pranav Diesh & Madhuri Sastry14.Iran - Sabi & Associates , Farkhondeh Sabi15.Italy - Jacobacci & Associati, Massimo Sterpi & Angela Saltarelli16.Japan - Momo- O - Matsuo & Namba, Koichi Nakatani & Tomoko Takemura17.Lebanon - Grant Thornton Yafi & Co, Mike Badran, Bahia al Yafi & Tima Hachem Grant18.Malta - Salamone Sansone & Co, Dr Luigi a Sansone19.Mexico - Santamarina Y Steta, Hector A. Garza C.2.Netherlands - Boekel De Nerée N.V., Pieter H Ariëns Kappers & Titia Fuchs21.Russia – Alrud, Maxim Alekseyev, Kira Egorova & Maria Ostashenko22.Singapore - Wong Partnership LLP, Lam Chung Nian23.Spain - Gomez-Acebo & Pombo, Juan José Marín24.Sweden – Delphi, Clas Romander & Sofia Karlsson25.Switzerland - Froriep Renggli, Bruno Boesch & Benjamin Dori, also by Bertold Müller (now, Managing Director of Christie’s Zurich), Emilie Memillod (now, Connery Pissarro Seydoux)26.Turkey - Dulger Law Firm, Adv Dr Murat Volkan Dülger & Adv Bilge Saltan27.US – California - Sheppard Mullin Richter & Hampton LLP, Robert A Darwell28.US – New York - Stout Thomas & Johnson, Ambre Nérinck-Seltzer & John Charles ThomasCONTENTS•Cultural Heritage and Art Market: regulations; legislation features and treaties; data about art and cultural property market: trade volume; dealers•Purchase and Export: due diligence, local law features; remedies in case of fake, forgery or counterfeit; VAT/sales tax; artist’s resale right; export restrictions; “free ports”•Peaceful Enjoyment: import customs; protection against claims; restitution assistance; repatriation of illegally exported cultural property; anti-seizure guarantee •Sale: due diligence; temporary import for sale; remedies against a defaulting buyer•Art Philanthropy: rules and practices; private foundations and museums•Tax: wealth tax; capital gain tax; inheritance tax; tax breaks; taxation of private foundations and private museums•Practical information/referencesCONTRIBUTOR INFORMATIONThe Firms: Froriep RenggliFounded in Zurich in 1966, Froriep Renggli is one of the leading law firms in Switzerland, with around 9 lawyers and offices in Zurich, Geneva, Lausanne and Zug as well as an office in both London and Madrid serving clients seeking Swiss law advice. Their unique, truly integrated, international structure mirrorstheirstrong cross-border focus. The dedication to high quality provided by interdisciplinary teams in a cost-efficient manner results in a strong domestic and international client base ranging from large international corporations to private clients.Jacobacci & AssociatiOffices in Turin, Milan, Rome, Paris and Madrid provide specialised experience and consulting in litigation and out-of-court matters, including managing negotiations and working with clients both in Italy and internationally. The firm is very active in the field of copyright and art law, assisting artists, museums and cultural institutions, collectors, critics, publishers and other stakeholders (including those involved in insurance, transport, and event organizers). Assistance is providedboth in contentious and non-contentious matters, in Italy and abroad for example, the drafting of contracts of all kinds with regard to exhibitions or publications, sponsorship agreements, sale of works agreements between artists and galleries or collectors, the creation of foundations, associations or committees, the resolution of issues regarding authenticity, the management of artist or collector heritage, donation of works to cultural institutions, import or export of artworks, the analysis of potential plagiarism or unauthorized reproductions, identification of the holder of rights which are to be acquired, as well as the management of all other disputes relating to the subject matter.General Editors: Bruno W. Boesch of Froriep Renggli Joined the firm in 1977. He established the London office andis advising art and antiquities collectors, individuals and foundations, in relation to the building of collections, exits and, most importantly, the long term care of collections, dealing with artists, auctioneers and institutions. He advises on philanthropic projects. He sits on the board of several family holding companies, family councils, art and philanthropic foundations. Bruno acts for several art collectors, in both advisory and contentious respects, with an emphasize on the long term care of art and archaeological collections including especially loans to public institutions and the organisation of foundations.Bruno acts as an arbitrator in international commercial arbitration (ICC, LCIA, NAI and ad-hoc). He has been chairing the ICC task force on trust and arbitration.Chambers Global (212) ranked him as a leader in the field of international Private Client and Private Client. Legal 5 United Kingdom 212 recommended him as top foreign lawyer in London. Bruno holds a law degree from the University of Geneva. He took an MCJ at New York University and worked with a Wall Street law firm. Bruno speaks French, English, German and Swedish.Bruno is a member of the Geneva and Swiss Bar Associations, International Bar Association (IBA), Swiss Arbitration Association (ASA), ICC Commission on Arbitration and of the Art-Law Centre of Geneva University.He is the author of a novel, Le Cardinal Epinglé, published in 1998.Massimo Sterpi of Jacobacci & AssociatiA senior partnerat Jacobacci & Associati law firm, one of the leading firm in the field of Intellectual property in Italy, and manages its Rome office . He has been recently awarded the prize as “Best Italian IP Lawyer of 211” by Top Legal Magazine. A passionate contemporary art collector, he developed an internationally recognised practice in art law, both in transaction and litigation, and is considered one of the best experts in this field at international level.His clients involve major museums and art institutions, important living artists, artists estates and foundations, art critics and historians, and leading international collectors and art galleries. He is often consulted by the Government and Public Institutions on a variety of art law issues, wrote many articles on the subject, and spoke to over 1 conferences on art law worldwide. He is the immediate past Chair of the Art, Cultural Institutions and Heritage Law Committee of the International Bar Association, member of the Legal Affairs Committee of ICOM (International Council of Museums), Mediator on Art and Cultural Heritage for WIPO/ICOM and member of the Advisory Board of the Peggy Guggenheim Collection in Venice. He is the co-editor of the intentional reference book “Copyright Litigation” published by The European Lawyer, covering over 3 jurisdictions.EDITORS & EDITORIAL BOARDJurisdictional Coverage:Introduction -Bruno Boesch & Massimo SterpiForewords - Sabina von Arx, Morgan StanleySamuel Keller , Fondation BeyelerJulien Anfruns, Director General of the International Council of MuseumsDaniel McClean, Head of Art and Cultural Property at Howard Kennedy FSI1.Argentina - Negri & Teijeiro Abogados, Julian Javier Negri2.Australia - Corrs Chambers Westgarth, Janet Whiting, Stephen Stern & Reynah Tang3.Austria - Fiebinger Polak Leon Rechtsanwalte, Peter M Polak, Sabine-Katharina Andreasch & Christian Eder4.Belgium - Lambrecht Law Office, Lucie Lambrecht5.Canada - Norton Rose, Brian W Gray & Ben Frenken6.China - King & Wood Mallesons Shanghai, Denning Jin7.England & Wales – Farrer & Co LLP, Adrian Parkhouse & James Carleton8.Finland – Roschier, Rainer Hilli & Suvi Laes9.France – UGGC, Jean François Canat & Anne Boutron1.Germany - K&L Gates, Dr Friederike Gräfin von Brühl11.Greece - Malamis & Malamis, Alkisti-Irene Malamis & Aristeidis Papathanasiou12.Hungary - SBGK Ügyvédi Iroda / SBGK, Dr Katalin Szamosi & Dr Eniko Karsay13.India – by Lataa Krishnamurti, Pranav Diesh & Madhuri Sastry14.Iran - Sabi & Associates , Farkhondeh Sabi15.Italy - Jacobacci & Associati, Massimo Sterpi & Angela Saltarelli16.Japan - Momo- O - Matsuo & Namba, Koichi Nakatani & Tomoko Takemura17.Lebanon - Grant Thornton Yafi & Co, Mike Badran, Bahia al Yafi & Tima Hachem Grant18.Malta - Salamone Sansone & Co, Dr Luigi a Sansone19.Mexico - Santamarina Y Steta, Hector A. Garza C.2.Netherlands - Boekel De Nerée N.V., Pieter H Ariëns Kappers & Titia Fuchs21.Russia – Alrud, Maxim Alekseyev, Kira Egorova & Maria Ostashenko22.Singapore - Wong Partnership LLP, Lam Chung Nian23.Spain - Gomez-Acebo & Pombo, Juan José Marín24.Sweden – Delphi, Clas Romander & Sofia Karlsson25.Switzerland - Froriep Renggli, Bruno Boesch & Benjamin Dori, also by Bertold Müller (now, Managing Director of Christie’s Zurich), Emilie Memillod (now, Connery Pissarro Seydoux)26.Turkey - Dulger Law Firm, Adv Dr Murat Volkan Dülger & Adv Bilge Saltan27.US – California - Sheppard Mullin Richter & Hampton LLP, Robert A Darwell28.US – New York - Stout Thomas & Johnson, Ambre Nérinck-Seltzer & John Charles ThomasThe Firms: Froriep RenggliFounded in Zurich in 1966, Froriep Renggli is one of the leading law firms in Switzerland, with around 9 lawyers and offices in Zurich, Geneva, Lausanne and Zug as well as an office in both London and Madrid serving clients seeking Swiss law advice. Their unique, truly integrated, international structure mirrorstheirstrong cross-border focus. The dedication to high quality provided by interdisciplinary teams in a cost-efficient manner results in a strong domestic and international client base ranging from large international corporations to private clients.Jacobacci & AssociatiOffices in Turin, Milan, Rome, Paris and Madrid provide specialised experience and consulting in litigation and out-of-court matters, including managing negotiations and working with clients both in Italy and internationally. The firm is very active in the field of copyright and art law, assisting artists, museums and cultural institutions, collectors, critics, publishers and other stakeholders (including those involved in insurance, transport, and event organizers). Assistance is providedboth in contentious and non-contentious matters, in Italy and abroad for example, the drafting of contracts of all kinds with regard to exhibitions or publications, sponsorship agreements, sale of works agreements between artists and galleries or collectors, the creation of foundations, associations or committees, the resolution of issues regarding authenticity, the management of artist or collector heritage, donation of works to cultural institutions, import or export of artworks, the analysis of potential plagiarism or unauthorized reproductions, identification of the holder of rights which are to be acquired, as well as the management of all other disputes relating to the subject matter.General Editors: Bruno W. Boesch of Froriep Renggli Joined the firm in 1977. He established the London office andis advising art and antiquities collectors, individuals and foundations, in relation to the building of collections, exits and, most importantly, the long term care of collections, dealing with artists, auctioneers and institutions. He advises on philanthropic projects. He sits on the board of several family holding companies, family councils, art and philanthropic foundations. Bruno acts for several art collectors, in both advisory and contentious respects, with an emphasize on the long term care of art and archaeological collections including especially loans to public institutions and the organisation of foundations.Bruno acts as an arbitrator in international commercial arbitration (ICC, LCIA, NAI and ad-hoc). He has been chairing the ICC task force on trust and arbitration.Chambers Global (212) ranked him as a leader in the field of international Private Client and Private Client. Legal 5 United Kingdom 212 recommended him as top foreign lawyer in London. Bruno holds a law degree from the University of Geneva. He took an MCJ at New York University and worked with a Wall Street law firm. Bruno speaks French, English, German and Swedish.Bruno is a member of the Geneva and Swiss Bar Associations, International Bar Association (IBA), Swiss Arbitration Association (ASA), ICC Commission on Arbitration and of the Art-Law Centre of Geneva University.He is the author of a novel, Le Cardinal Epinglé, published in 1998.Massimo Sterpi of Jacobacci & AssociatiA senior partnerat Jacobacci & Associati law firm, one of the leading firm in the field of Intellectual property in Italy, and manages its Rome office . He has been recently awarded the prize as “Best Italian IP Lawyer of 211” by Top Legal Magazine. A passionate contemporary art collector, he developed an internationally recognised practice in art law, both in transaction and litigation, and is considered one of the best experts in this field at international level.His clients involve major museums and art institutions, important living artists, artists estates and foundations, art critics and historians, and leading international collectors and art galleries. He is often consulted by the Government and Public Institutions on a variety of art law issues, wrote many articles on the subject, and spoke to over 1 conferences on art law worldwide. He is the immediate past Chair of the Art, Cultural Institutions and Heritage Law Committee of the International Bar Association, member of the Legal Affairs Committee of ICOM (International Council of Museums), Mediator on Art and Cultural Heritage for WIPO/ICOM and member of the Advisory Board of the Peggy Guggenheim Collection in Venice. He is the co-editor of the intentional reference book “Copyright Litigation” published by The European Lawyer, covering over 3 jurisdictions. BOUND VOLUMES - PREVIOUS YEARSCONTACT USInterested in contributing?If you are interested in contributing to one of our cross-jurisdictional titles please contact Emily Kyriacou - emily.kyriacou@thomsonreuters.com -specifying your law firm, country and practice area specialisation.