The Affidavit of Indemnity is a critical legal instrument in the United Arab Emirates, commonly used when one party needs to provide formal assurance to another regarding protection against potential losses or liabilities. This document type is particularly relevant in situations involving lost documents, financial instruments, property transactions, or corporate dealings where risk transfer is necessary. The affidavit must be executed in compliance with UAE Federal Laws and typically requires notarization to be legally effective. It plays a vital role in risk management and legal compliance, providing a formal mechanism for indemnification that is recognized and enforceable under UAE jurisdiction. The document's importance is underscored by its frequent use in banking, insurance, and corporate transactions, where it serves as a legally binding guarantee of protection against specified losses or damages.
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1. Title and Declaration: Formal title of the document and opening declaration stating this is an affidavit of indemnity
2. Affiant Details: Full legal name, Emirates ID/passport number, address, and other identifying information of the person making the declaration
3. Definitions: Clear definitions of key terms used in the affidavit, including 'Loss', 'Indemnified Party', and other relevant terms
4. Background/Recitals: Explanation of the circumstances leading to the need for the indemnity
5. Subject Matter: Detailed description of the property, document, or matter that is the subject of the indemnity
6. Indemnification Clause: The core undertaking where the affiant agrees to indemnify and hold harmless the other party
7. Scope of Indemnity: Specific details of what losses and liabilities are covered by the indemnity
8. Representations and Warranties: Affiant's confirmations regarding the truth of statements made and authority to give the indemnity
9. Governing Law and Jurisdiction: Specification that UAE law governs the affidavit and UAE courts have jurisdiction
10. Execution: Signature block with space for notarization and witness signatures
1. Duration of Indemnity: Optional section specifying the time period for which the indemnity remains valid, used when the indemnity is not intended to be perpetual
2. Claims Procedure: Details of how claims under the indemnity should be made and processed, used in complex indemnity situations
3. Insurance Requirements: Specifications for any insurance coverage the affiant must maintain, used when additional security is required
4. Consideration: Details of any payment or consideration for the indemnity, used when the indemnity is not gratuitous
5. Third Party Rights: Provisions regarding the rights of third parties under the indemnity, used when third parties might be affected
1. Schedule 1 - Supporting Documents: Copies of relevant documents referenced in the affidavit (e.g., lost documents, property titles)
2. Schedule 2 - Proof of Identity: Copies of the affiant's identification documents
3. Schedule 3 - Authorization Documents: Any power of attorney or corporate authorization documents if the affiant is signing on behalf of an entity
4. Appendix A - Form of Claim Notice: Standard format for making claims under the indemnity, if applicable
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