Kieltyka Gladkowski KG Legal | View firm profile
KIEŁTYKA GŁADKOWSKI KG LEGAL supported the transaction of sale to Poland of an original document of the most important Polish artist. The unusual difficulty of the transaction on the part of the seller was that the purchasing public institution had to conduct a laboratory and scientific procedure regarding the provenance of the work before the transaction.
The purchasing party was a Polish cultural institution that operates under a special law passed by the Polish Parliament.
Legal assistance in sales required legal support under Polish law:
1/ the procedure for the temporary import of a work of art into the territory of the European Union from a destination in the United States of America;
A particularly important issue in international transactions is the synchronization of the activities of the customs office and border services with the time of import of the work of art into Poland.
KIEŁTYKA GŁADKOWSKI KG LEGAL explored the provisions of the European Union Customs Code, which provides for a special procedure for importing works of art for auction to Poland.
2/ negotiating the terms of securing payment by negotiating a special clause maintaining the ownership of the work of art until full ownership of the work of art is maintained and in this aspect differentiating in the contract the terms of holding, possessing and owning the work of art;
In case of the transaction at hand, the considerable challenge was determining the public costs of the transaction, including withholding tax problems and the issue of transfer of payment.
3/ other issues related to the negotiation of the terms of the guarantee of the originality of the work’s origin.
The standard problems of such legal support concern the identification of original documents for the work of art in order to ensure that the sale is made by the rightful owner of the work.