Art Law Report

Recap and Analysis: Responsible Art Market Initiative Launched in Geneva

Posted by Nicholas O'Donnell on February 1, 2017 at 9:35 AM

I was pleased to attend last week in Geneva “Building an Art Market for the Future—Guidelines for Countering Money Laundering and Terrorist Financing Threats” hosted by the Fondation pour le Droit d’Art (Art Law Foundation) and the Art Law Centre of the University of Geneva.  The conference was the official launch of the Responsible Art Market initiative, and offered valuable, market-focused discussion about the risks of money laundering and terrorist financing in the art market.  Refreshingly, the day’s panel discussions focused on best practices and goals, rather than the oft-heard lamentations about problems with the art market.  The implicit point that came through was a powerful one: as both private sellers and law enforcement speakers explained, art dealers are not engaged in large-scale shadowy financial dealings.  But art dealers and buyers are at serious risk of being used by criminals engaged in money laundering, which can have serious consequences.  Because willful blindness is no defense, the conference and the initiative provided valuable practical advice.

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Topics: Pierre Gabus, Anne Laure Bandle, Art Dealers Association of Switzerland, Art Law Foundation, Geneva, Sandrine Giroud, Luxembourg, Switzerland, Art Law Centre, University of Geneva, AML, Terrorist financing, Sylvia Furrer Hoffmann, Ricardo Sansoletti, Ursula Cassani, Simon Studer, Mathilde Heaton, Fondation pour le Droit d’Art, Jean-Bernard Schmid, Rakhi Talwar, Ralph Wyss, Responsible Art Market initiative, Money laundering, Stiftung Kunsthalle, Bern, Deloitte

Geneva Event: Building an Art Market for the Future—Guidelines for Countering Money Laundering and Terrorist Financing Threats

Posted by Nicholas O'Donnell on January 9, 2017 at 11:45 AM
The Fondation pour le Droit d’Art (Art Law Foundation) is a Geneva-based group that sponsors exploration of important topics at the intersection of art and law.  Over the last few years, often in collaboration with the Art Law Centre of the University of Geneva, they have explored with particular skill a number of complex questions about the commercial components of the international art market.  As we have touted before, their events are routinely of the highest quality.  I am pleased to note the following upcoming event on January 26, 2017 at artgenève, which I am very much looking forward to attending (the program is in English).  Registration is available here.  Hope to see you there! 
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Topics: Pierre Gabus, Anne Laure Bandle, Art Law Foundation, Geneva, artgenève, Sandrine Giroud, Lalive, Events, University of Geneva, Ursula Cassani, Riccardo Sansonetti, Simon Studer, Mathilde Heaton, Responsible Art Market, Fondation pour le Droit d’Art, Marc-André Renold, Jean-Bernard Schmid, Rakhi Talwar, Ralph Wyss, RAM

Event—Second All Art and Cultural Heritage Law Conference in Geneva, June 24-25, 2016

Posted by Nicholas O'Donnell on May 20, 2016 at 11:05 AM

The Art Law Centre in Geneva, which has sponsored terrific events in the past, is holding another at the end of next month:the Second All Art and Cultural Heritage Law Conference. Registration is available now (before June 13) for what looks to be an engaging two days. From the program:

The Art-Law Centre and the UNESCO Chair in the International Law of the Protection of Cultural Heritage are proud to invite you to participate in the second “All Art and Cultural Heritage Law” conference, which will be dealing with the two following highly relevant themes: cultural heritage in the crossfire and the relationship between law and ethics in the field of cultural heritage. It will also present some national and regional experiences regarding the implementation of cultural heritage law. Once again Geneva hopes to be for these two days the “capital of the world” of art and cultural heritage law.

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Topics: Geneva, Events, Art Law Centre, University of Geneva

The New Domestic “Freeports”: Sales and Use Tax Opportunities and Risks

Posted by Nicholas O'Donnell on October 27, 2015 at 6:20 AM

Recent news of “Freeports” opening in Delaware prompts a review of what these facilities are for, what they are not for, and where collectors and dealers can get themselves into trouble. When used carefully there are meaningful tax efficiency opportunities, but no one should think that they are or can be a one-stop way to avoid sales tax in particular. Thoughtful planning is the key.

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Topics: New Hampshire, Fritz Dietl, David Arendt, Delaware, Geneva, Oregon, Luxembourg, Pure of Love of Art Versus Mere Investment, Customs, Crozier Fine Arts, yco International Ltd., Sales & Use Taxes, Dennis Kozlowski, Delaware Freeport, Freeports, Alaska, Tax, Montana

Finance, Art and Law—How Does Fine Art Shape Up as an Asset?

Posted by Nicholas O'Donnell on January 30, 2015 at 8:48 AM

The Art Law Foundation in Geneva (Fondation pour le droit de l’art), together with the Banking Law Centre at the University of Geneva, hosted a sterling event on Monday in Geneva. This was the second part in a series spearheaded by the Foundation, the first day was held in London in November. While I was not able to attend the London event, it was very well received, and together with this week’s event it must be said that the organization is up to great things. Their events page (here) is something anyone interested should book mark. In particular, these events have showcased sophisticated insights into market-based aspects of art and law, which whether we like it or not is what is driving the discussion (and will continue to). A real hats off to the organizers, in particular Attorneys Sandrine Giroud of Lalive, and Pierre Gabus of Gabus Avocats, a director and president, respectively, of the Foundation.

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Topics: China, Pierre Gabus, Art Finance, Sotheby’s Financial Services, Fremdverwaltung, leverage, Xavier Oberson, Alexandre Quiquerez, Philip Hoffman, Frédéric Dawance, Art Business and Research Unit at Sotheby’s Instit, authenticity, Art Law Foundation, Swiss Collective Investment Schemes Act, The Art Newspaper, Geneva, artgenève, Fine Arts Expert Institute, Manuela de Kerchove, Sandrine Giroud, Lalive, Supervised Qualified Investors, Natural Le Coultre, Yan Walther, feeder funds, Jan Prasens, Abel Avocats, Farrer & Co LLP, Lombard Odier, Events, Tutela Capital, James Carleton, Sotheby's, U.C.C., Yves Bouvier, Schroders, Fabian Bocart, Fine Art Fund Group, Art Finance And Law Conference Series

Reminder: “Art Finance and Law” in Geneva Monday January 26, 2015

Posted by Nicholas O'Donnell on January 8, 2015 at 7:14 AM

A reminder of this month’s marquee event in Geneva, the second in a two part series “Art Finance and Law” organized by the Art Law Foundation at the University of Geneva (the first, in London last November, is recapped here). My ticket is booked, so I hope to see you there. If you’ll be in attendance, drop me a line so we can connect either at the conference or in Genveva. Bon voyage!

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Topics: Pierre Gabus, William Pearlstein, Prof. Xavier Oberson, Université Lyon, Art Finance, Sotheby’s Financial Services, Alexandre Quiquerez, Philip Hoffman, Myret Zaki, Emigrant Bank Fine Art Finance, Frédéric Dawance, Tim Hunter, Art Business and Research Unit at Sotheby’s Instit, Art Law Foundation, London, Melanie Gerlis, David Arendt, The Art Newspaper, Geneva, The Fine Art Fund, Fine Arts Expert Institute, Philipp Fischer, Oblyon Art Business Intelligence, Manuela de Kerchove, Banque Lombard Odier & Cie SA, Luc Thévenoz, Sandrine Giroud, Lalive, Natural Le Coultre, Yan Walther, Jan Prasens, Farrer & Co LLP, Paul Aitken, Marco Mercanti, Falcon Fine Art, Events, Sebastian Fahey, Stefanie Berloffa-Spadafora, Rebecca Hawkins, Bilan, Tutela Capital, Private Art Investor, Abels Avocats, James Carleton, Sotheby's, borro, Li Jun Xian, Université de Genève, Yves Bouvier, Schroders, The Luxembourg Freeport, Fabian Bocart, Fine Art Fund Group, Art Finance And Law Conference Series

Art Finance and Investment, London Recap and January 26, 2015 Geneva Preview

Posted by Nicholas O'Donnell on December 15, 2014 at 10:27 AM

Last month we posted word of an exciting two-part series hosted by The Art Law Foundation. The first session of “Art Finance and Law” took place on November 26, 2014 in London. The Thanksgiving holiday kept me from attending, but a thorough recap has been written by Rebecca Hawkins at Private Art Investor of the day’s conference, entitled “Risk, Rules and Opportunities in Art Investment.” Hawkins writes, “The key themes that reoccurred throughout the day’s discussions were those of regulation and reputation.” To put it another way, the conference seems to have focused on the timely issues of where art fits into financial planning and secured finance as an asset class, and on a discussion on the proper role of regulation (there being a decided lack of it, compared to other asset classes in the same order of magnitude). The conference also made the presentations themselves available, here. The recap reminded me that I wished I had been able to attend.

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Topics: William Pearlstein, Art Finance, Sotheby’s Financial Services, Philip Hoffman, Emigrant Bank Fine Art Finance, Tim Hunter, Art Business and Research Unit at Sotheby’s Instit, Art Law Foundation, London, Melanie Gerlis, David Arendt, The Art Newspaper, Geneva, Oblyon Art Business Intelligence, Lalive, Paul Aitken, Marco Mercanti, Falcon Fine Art, Events, Sebastian Fahey, Stefanie Berloffa-Spadafora, Rebecca Hawkins, Anna Dempster, Bilan, Private Art Investor, Sotheby's, borro, Li Jun Xian, The Luxembourg Freeport, Fine Art Fund Group, Art Finance And Law Conference Series

Art Finance And Law Conference Series in London and Geneva

Posted by Nicholas O'Donnell on November 11, 2014 at 6:32 AM

A terrific pair of events organized by the Art Law Foundation in Geneva has been accounced. As the Foundation describes it:

The aim of the series is to examine the growing practice of art investments, and the use of art as an investment asset. Various top speakers from academia and practice will explore securitisation of art as an asset, the differences between art funds and hedge funds, the peculiarities of the portfolio and fund management, the different types of loans against art collateral, and the risks and rules for art investments.

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Topics: William Pearlstein, Art Finance, Sotheby’s Financial Services, Philip Hoffman, Emigrant Bank Fine Art Finance, Tim Hunter, Art Business and Research Unit at Sotheby’s Instit, Art Law Foundation, London, Melanie Gerlis, David Arendt, The Art Newspaper, Geneva, Oblyon Art Business Intelligence, Paul Aitken, Marco Mercanti, Falcon Fine Art, Events, Sebastian Fahey, Stefanie Berloffa-Spadafora, Anna Dempster, borro, Li Jun Xian, The Luxembourg Freeport, Fine Art Fund Group, Art Finance And Law Conference Series

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