The Affidavit of Indemnity serves as a critical risk management tool in Canadian business and legal practice, providing a formal mechanism for handling situations where important documents have been lost, destroyed, or stolen. This sworn document combines elements of both an affidavit (requiring formal swearing or affirmation before an authorized official) and an indemnity agreement (providing protection against potential losses). It is commonly used in financial transactions, corporate governance, and property dealings where replacement documents are needed but potential conflicts with original documents must be addressed. The document must comply with provincial and federal requirements for sworn statements and creates binding legal obligations that courts will enforce. It's particularly valuable in situations involving lost share certificates, bonds, legal titles, or other valuable papers where the issuing organization requires protection before providing replacements.
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1. Title and Jurisdiction: Specifies that this is an Affidavit of Indemnity and the jurisdiction where it's being sworn
2. Affiant Information: Full legal name, address, and occupation of the person making the affidavit
3. Oath/Affirmation Statement: Formal declaration that the affiant is swearing/affirming the truth of the statements
4. Background Facts: Details about the document or item that was lost/stolen/destroyed and the circumstances
5. Ownership/Interest Declaration: Statement confirming the affiant's ownership or legitimate interest in the lost item
6. Search and Loss Confirmation: Description of efforts made to locate the lost item and confirmation it cannot be found
7. Indemnification Covenant: The formal promise to indemnify against any losses or claims arising from the lost item
8. No Prior Transfer: Declaration that the lost item was not sold, transferred, or assigned to any other party
9. Execution Block: Space for affiant's signature and commissioner of oaths/notary details
1. Police Report Reference: Include when the loss involves theft and a police report was filed
2. Additional Beneficiaries: Required when the indemnity extends to protect multiple parties
3. Consideration Statement: Include when there is specific consideration being provided for the indemnity
4. Insurance Coverage: Details of any insurance coverage related to the lost item, if applicable
5. Replacement Process: Include when specific steps are being taken to replace the lost item
6. Time Limitation: Include when the indemnity is meant to expire after a specific period
7. Joint Indemnifier Details: Required when additional parties are joining in providing the indemnity
1. Schedule A - Description of Lost Item: Detailed description of the lost document/item including all relevant identifying information
2. Schedule B - Supporting Documents: Copies of relevant supporting documentation (purchase records, ownership proof, etc.)
3. Schedule C - Search Evidence: Documentation of searches conducted to locate the lost item
4. Schedule D - Police Report: Copy of police report if applicable
5. Schedule E - Identity Verification: Copies of affiant's identification documents
6. Schedule F - Corporate Authorization: Required if the affiant is signing on behalf of a corporation
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Banking
Insurance
Legal Services
Real Estate
Securities and Investment
Corporate Services
Government and Public Sector
Transportation and Logistics
Healthcare
Education
Relevant Teams
Legal
Compliance
Risk Management
Corporate Secretariat
Operations
Document Control
Securities Administration
Claims Processing
Corporate Governance
Records Management
Relevant Roles
Legal Counsel
Corporate Secretary
Risk Manager
Compliance Officer
Securities Administrator
Trust Officer
Claims Adjuster
Document Control Specialist
Records Manager
Banking Officer
Property Manager
Estate Administrator
Corporate Governance Officer
Financial Controller
Operations Manager
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