Missing instance_controller Node

I have a model of a couple arms that was bought off of turbosquid from a random artist. This model is a *.max (3ds max 2010) model and is skinned and rigged. The mesh follows the joints nicely in 3ds max, I’ve tested this. There is no animation associated with with the model and when I try to export (using the OpenCOLLADA 3ds MAX 1.4.1 plugin) to an openCollada *.dae format, I seem to be missing the instance_controller node. I do get an instance_geometry and I have read that that happens if the model is not rigged. I’m not sure if I need an animation along with the model for it to export with an instance_controller but I have tried creating an animation (I am not an artist by any stretch of the word so my skills with 3ds MAX are all but zero) and then exporting to DAE but this did not seem to help. I tried searching all over the forums and the internet for a solution to this problem but cannot find any. Please redirect me if this issue is already solved somewhere else. Any help would be very much appreciated.