The Artwork Ownership Agreement is essential for documenting the legal transfer of artwork ownership under Swiss law. This document is typically used when valuable artworks change hands between collectors, galleries, museums, or other art market participants. It ensures compliance with Swiss regulations, including the Cultural Property Transfer Act and anti-money laundering requirements. The agreement includes detailed artwork descriptions, provenance documentation, warranties of authenticity, and specific transfer terms. It's particularly important in Switzerland, a major international art market hub, where strict regulations govern art transactions. The document protects both parties' interests while ensuring regulatory compliance and proper documentation of the artwork's chain of ownership.
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1. Parties: Identification of seller/transferor and buyer/transferee with full legal details
2. Background: Context of the agreement, artwork history, and transaction purpose
3. Definitions: Key terms used throughout the agreement including 'Artwork', 'Closing Date', 'Purchase Price', etc.
4. Object of Sale: Detailed description of the artwork including dimensions, medium, year, title, and unique identifiers
5. Purchase Price and Payment: Agreement on price, payment terms, and payment method
6. Transfer of Title and Risk: Terms of ownership transfer and risk allocation
7. Representations and Warranties: Seller's warranties regarding authenticity, title, and condition
8. Due Diligence and Provenance: Confirmation of artwork's history and chain of ownership
9. Delivery and Installation: Terms for artwork handover, transport, and installation if required
10. Tax and Costs: Allocation of tax obligations and transaction costs
11. Confidentiality: Terms regarding transaction privacy and information disclosure
12. Governing Law and Jurisdiction: Confirmation of Swiss law application and dispute resolution process
1. Digital Rights: Terms regarding digital reproduction and NFT rights, if applicable
2. Exhibition Rights: Terms for future display and exhibition of the artwork
3. Import/Export Provisions: Specific terms for international transfers, if artwork crosses borders
4. Conservation Requirements: Specific maintenance and conservation obligations
5. Artist's Rights: Terms regarding living artist's moral rights and future involvement
6. Insurance: Specific insurance requirements beyond standard transfer period
7. Resale Rights: Terms regarding future sales and right of first refusal
8. Copyright Assignment: Terms for transfer of copyright if applicable
1. Schedule 1 - Artwork Details: Comprehensive artwork documentation including photographs and condition report
2. Schedule 2 - Provenance Documentation: Complete ownership history and supporting documents
3. Schedule 3 - Authentication Certificates: Certificates of authenticity and expert opinions
4. Schedule 4 - Insurance Certificates: Relevant insurance documentation
5. Schedule 5 - Export/Import Licenses: Required permits and licenses if international transfer
6. Schedule 6 - Conservation History: Record of previous conservation work and condition reports
7. Appendix A - Payment Schedule: If payment is to be made in installments
8. Appendix B - Handling Instructions: Specific requirements for artwork handling and display
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