Mississippi Administrative Code
Title 16 - History, Humanities and Arts
Part 5 - Museum Division
Chapter 1 - Collections Policy
Rule 16-5-1.5 - Outgoing Loans

Universal Citation: MS Code of Rules 16-5-1.5

Current through September 24, 2024

A. Policy:

The Museum Division may lend objects to qualified museums for specific purposes such as exhibition and/or research for a specified time period if such museums meet professional standards of collections care and management. The Museum Division will not under any circumstances lend objects to individuals. Outgoing loans to qualified museums will be permitted for a period of five years or less with an option for renewal if agreeable to both parties. No object will be lent if its physical condition is such that the object will not be able to withstand travel and/or exhibition.

The Museum Division will not lend objects which are needed for exhibition and/or research purposes. Authority for outgoing loans is shared by the Museum Division director, the director of curatorial services, and the director of collections, subject to the approval of the Board of Trustees.

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.

Conditions governing the loan of objects from 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 Borrowers of said act.

1. Care and Preservation:
a. Object(s) borrowed from the Museum Division shall be given special care at all times to guard against loss, damage, or deterioration. The Borrower agrees to meet any special requirements for installation and handling.

b. Any loss of or damage to object(s) is to be reported to the Museum Division immediately, followed by a written report and photographs.

c. No alteration, restoration, or repair shall be undertaken by the Borrower without the written authorization of the Museum Division.

d. Object(s) must be maintained in a fireproof building under 24-hour security and protected from extreme temperatures and humidity, excessive light, and from insects, vermin, or dirt. Object(s) will be handled only by experienced personnel.

2. Packing and Transportation:
a. Packing and transportation arrangements must be approved in advance by the Museum Division.

b. Unpacking and repacking must be performed by experienced personnel under competent supervision. Repacking must be completed in the same manner in which the item was received. Any additional instructions will be followed.

c. Packing and transportation costs shall be borne by the Borrower.

3. Insurance:
a. Object(s) shall be insured for the period of this loan for the amount stated in the agreement. Prior to shipment of the object(s), the Borrower shall supply the Museum Division with a Certificate of Insurance or a copy of the policy made out in favor of the Museum Division. If the borrower does not have insurance, the artifact is covered by the MDAH Fine Arts Insurance policy while on loan.

b. Insurance values may be reviewed periodically, and the Museum Division reserves the right to increase coverage if reasonably justified. In the event of loss or damage, the Borrower's maximum liability will be limited to the insurance value then in effect.

4. Photography and Credit:
a. All objects, unless otherwise specified, shall be credited as from the collection of the Museum Division, Mississippi Department of Archives and History.

b. Unless otherwise notified in writing, the Borrower has the right to photograph and reproduce photographs of borrowed object(s) only for record, publicity, and/or publication purposes directly related to the loan. Photography for commercial purposes is prohibited.

c. All publication of photographs of borrowed object(s) must acknowledge that the object(s) is (are) property of the Museum Division, Mississippi Department of Archives and History.

d. The Museum Division must receive a copy of any exhibition catalogue, brochure, or other publication associated with the loan.

5. Loan Costs:
a. The Borrower will be responsible for all costs associated with loans from the Museum Division, including but not limited to:
i. Packing,

ii. Handling,

iii. Shipping,

iv. Insurance,

v. Photography,

vi. Courier accompaniment, and

vii. Any special crating or framing requirements.

b. The Museum Division may require advance payment for costs associated with loans from the Museum Division.

6. Return of Loans:
a. Object(s) must be returned to the Museum Division in satisfactory condition by the stated termination date. An extension of the loan period must be approved in writing by the Museum Division director and be covered by an extension of insurance coverage.

b. The Museum Division reserves the right to recall object(s) from loan and will make every effort to give reasonable notice. Furthermore, the Museum Division reserves the right to cancel the loan immediately if the Borrower fails to abide by the conditions of the loan.

7. Borrower Responsibility and Loan Agreement Forms:
a. If an exhibition is to travel to more than one venue, it is the responsibility of the organizing institution to see that the conditions set forth in this document are met at all other exhibiting institutions.

b. In the case of any difference between this agreement and any forms of the Borrower, the terms of this agreement shall be controlling.

Complete records on all outgoing loans are maintained in the collections office by the collections staff.

B. Procedures:

Museums seeking to borrow an object(s) must make a written request to the director of collections stating the specific object(s), purpose, and time period of the proposed loan, and guaranteeing payment of all costs associated with the loan including packing, shipping, and/or transportation, and insurance. A General/Standard Facilities Report will be purchased from the American Alliance of Museums by the proposed Borrower, completed, and returned to the director of collections in a timely manner. The Collections Committee will review the written loan request and the completed General/Standard Facilities Report to determine if the proposed Borrower meets professional standards. If professional standards are not met by the proposed Borrower, the director of collections will notify the proposed borrower.

If professional standards are met by the proposed Borrower and if the loan of the object(s) will not endanger its physical condition or interfere with the Museum Division's own exhibition and/or research needs, the Museum Division director may make a written recommendation to the Board of Trustees to approve the loan. Upon approval by the Board of Trustees, the Museum Division is authorized to proceed with the outgoing loan.

An Outgoing Loan Agreement must be signed by the authorized representative of the borrowing museum and either the Museum Division director, the director of curatorial services, the director of collections, or their designee. The Outgoing Loan Agreement outlines the terms of the loan specifying the loan purpose, time period, insurance coverage, required credit line, photography restrictions, stipulations against any repair or alteration of the object without written permission of the Museum Division, and other terms agreed upon by both parties. Conditions for Outgoing Loan requirements including care and preservation, packing and transportation, insurance, photography and credit, loan costs, return of loans, and borrower responsibility are listed on the reverse side of the Outgoing Loan Agreement. The borrowing institution's Incoming Loan Agreement may be used in lieu of the Outgoing Loan Agreement, if all requirements are met on the borrowing institutions form.

The Outgoing Loan Agreement (or its comparable) will be kept on file by the collections staff, and a copy of the Outgoing Loan Agreement will be provided to the borrowing museum. The borrowing museum will provide a certificate of insurance as evidence that the object(s) is adequately insured.

A condition report on the object(s) to be lent will be prepared by the collections staff. A copy of the condition report will be provided to the Borrower if requested. The object will be photographed prior to its loan if suitable photographs documenting its condition do not already exist. The collections staff will be responsible for the packing, shipping, and/or transportation and insurance coverage for loaned objects. The collections staff will monitor all outgoing loans, document the safe return of loaned objects to the Museum Division, and maintain complete, up-to-date records on outgoing loans filed by the calendar year in which the loan was made.

Miss. Code §§ 25-59-1, 39-5-1, 39-7-1 (1972, as amended).

Disclaimer: These regulations may not be the most recent version. Mississippi may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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