Contested ownership is not a rare phenomenon anymore, and claims occur with increasing frequency. ARIS art title insurance guarantees clear ownership and protects your fine art in the same way that you protect your other valuable assets with insurance coverage.
ARIS art title insurance is a theft deterrent.
Art is becoming a distinct asset class, and buyers are demanding the same transactional confidence they expect in other business contexts. Art is a form of personal property that banks are increasingly accepting as loan collateral. Tax authorities are increasingly scrutinizing art transactions before allowing a charitable deduction for gifted art or an IRC Section 1031 “like kind” exchange to effect a deferral of capital gains tax.
Art transaction issues span the industry, with international laws affecting art sold not only from the United States and Western Europe but also from dozens of other countries where historical events affect art that was once present in those countries. ARIS art title insurance provides provenance.
The importance of title insurance for you
You treasure your art and place great value on it. Perhaps you would consider lending your art for public display, but you have fears that your ownership may be challenged.
In today’s financial environment, public and discreet art collectors alike are vulnerable to art title claims despite one’s best efforts and intentions in collecting. The ARIS ATPI policy provides confidence in ownership, protecting your fine art in the same way that you protect your other valuable assets.
ARIS can financially protect clear title for your works of art by covering art that you now own and art that you are negotiating to buy. ARIS will ensure that your art remains yours — to keep, give, lend or sell as you wish.
For even the most astute advisor, the integrity of art transactions has been uncertain at best. Today, information potentially affecting clear legal title to art unfolds in the international art market and legal environment nearly daily and at an ever-increasing volume. The risk of claims for defective legal title to art remains despite good faith efforts to mitigate this risk.
No longer must you rely on good faith alone or assume the risks and uncertainties surrounding contractual indemnification. By providing a title insurance policy, ARIS shifts the financial risk of title disputes from buyers and sellers to the insurer.
The ARIS ATPI policy allows art advisors, dealers or other intermediaries to have complete confidence in client transactions. Providing or insisting on ARIS ATPI in a transaction helps bolster good faith status and resolve otherwise unsolvable problems in transferring title in art transactions.
Fine art has matured into a distinct asset class, and the financial community can now protect itself in investment- or finance-related art transactions. ARIS can be your partner in protecting art investments.
Lenders are increasingly lending directly against art as collateral and at increasing loan-to-value rates. Banks have a vested interest in ensuring that art, which serves as collateral, is free from encumbrances. The ARIS ATPI policy protects banking institutions from art asset collateral losses arising from defects in legal title.
Art investment funds
Investment managers have begun to group art for investment. Minimizing risk as an investment fiduciary is a key ingredient to all asset management. Until now, title disputes had been unmanageable. ARIS eliminates the risk of financial losses resulting from a dispute over legal title to art where uninsured title claims can affect returns for many years.
The IRS scrutinizes the assigned value, and therefore, the integrity of any significant charitable gift of art before allowing the charitable deduction or the assigned value for any IRC Section 1031 “like kind” exchange of art employed to defer capital gains taxes. ARIS ATPI protects against the risks of incomplete charitable gifts and incomplete tax events and inherently augments the appraised value of gifted or exchanged art through its guarantee of clear legal title. By assuring a legally completed charitable gift or an effective tax deferred exchange, ARIS ATPI helps prevent adverse art gift and deferred tax issues for the benefit of the advisor, your clients, and you.
Insurance professionals provide risk management and risk transfer solutions and know that it is critical to protect clients against known exposures. Art title claims have been increasing in frequency and severity for the past 20 years with no risk management tools historically available. ARIS ATPI policy is a third-party risk transfer and is now available to protect clients against art title claims
The ARIS ATPI policy, offered through a New York State-regulated title insurance company, insures the legal integrity of the art transaction for as long as the client owns, or the client’s heirs own, the insured art. ARIS ATPI is also available to dealers, galleries and museums. Coverage can be tailored to the individual needs of each client. Solving this critical gap in risk management will enable your clients to conclude more art purchases and sales, reduce the risk of loss from lending to art exhibitions, and facilitate charitable gifting.
As a legal professional who advises clients, you want to make sure that your client has protection from indemnities and other liabilities resulting from art transactions.
The ARIS ATPI policy provides your client as a purchaser, seller, consignor or consignee, or as a taxpayer in the context of charitable gifting, Section 1031 Exchanges and other tax or estate planning with the confidence that can only come from third-party art title insurance.
The ARIS ATPI policy will help to protect your clients and their estates against ownership disputes, the financial consequences of defending title claims, and potential liability resulting from incomplete or unwound charitable gifts.
Museum professionals understand the need to establish ownership rights. The quality of the collection and the reputation of your institution depend on adequately established ownership rights. Even the largest museums are vulnerable to the financial consequences of ownership disputes. ARIS ATPI now enables you to exhibit your collections with confidence, set aside your apprehensions in order to concentrate on the cultural and educational goals of your institution, and preserve your prominence in the museum community. By insuring ownership for art to be deaccessioned, ARIS allows your institution to unlock the value of your inventory.
Without adequate title protection, museums are at risk for:
- Direct financial loss when works of art purchased through charitably gifted funds, deaccessioning or other fundraising activities are repossessed
- Indirect financial loss when a key work of art acquired to redirect the permanent collection is lost through a title dispute
- Decreased fundraising capacity
- Compromised institutional prestige
- A decline in exhibition lending as collectors who fear title challenges refuse to lend their art
Increasingly, family office practitioners, wealth advisors and traditional financial advisors whose clients collect and gift art are confronting the new reality of today’s art world — ownership challenges stemming from looting during wars, exploitation and colonialism as well as traditional liens and estate claims can result in forfeiture of art and costly litigation. Decades after an original purchase art owners find that the art that they thought they owned was not theirs in the first place.
The standard of fiduciary care has risen. Caveat emptor need not be accepted any longer as the basis for your client’s art transactions. ARIS ATPI, the world’s first art title insurance, creates peace of mind for fiduciaries and owners alike in fine art transactions. In addition, an ARIS ATPI policy can help assure completed charitable gifting and completed tax events, and can augment the appraised value of gifted art.