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Affidavit For Loss Of Certificate Template for United States

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Key Requirements PROMPT example:

Affidavit For Loss Of Certificate

"I need an Affidavit for Loss of Certificate for 100 shares of Tesla stock that were lost during an office move in January 2025, requiring strong indemnification clauses and including reference to a police report that was filed."

What is a Affidavit For Loss Of Certificate?

The Affidavit for Loss of Certificate is a crucial document used when original certificates (such as stock certificates, academic credentials, or bond certificates) are lost, stolen, or destroyed. This affidavit serves as a formal declaration under oath, providing legal protection for both the certificate holder and issuer. It includes specific details about the lost certificate, circumstances of loss, and steps taken to locate it. The document is particularly important in the United States, where it must comply with state-specific requirements, UCC regulations, and federal securities laws when applicable. It typically includes an indemnification clause protecting the issuer against potential claims arising from the lost certificate's misuse.

What sections should be included in a Affidavit For Loss Of Certificate?

1. Affiant Information: Full legal name, address, and contact details of the person making the affidavit

2. Certificate Details: Comprehensive information about the lost certificate including certificate number, type, date of issuance, face value, and issuing authority

3. Circumstances of Loss: Detailed explanation of how and when the certificate was lost, stolen, or destroyed, including the last known location

4. Search Declaration: Statement describing all efforts made to locate the missing certificate

5. Indemnification: Legal statement promising to indemnify and hold harmless the issuing authority against any claims or liabilities

6. Verification: Statement confirming the truth of all information provided under penalty of perjury

What sections are optional to include in a Affidavit For Loss Of Certificate?

1. Police Report Reference: Details of any police reports filed in case of theft or suspected theft

2. Witness Statement: Statements from any witnesses who can corroborate the loss circumstances

3. Insurance Claim Information: Details of any insurance claims filed related to the lost certificate

4. Previous Transactions: History of any relevant transactions or transfers related to the certificate before its loss

What schedules should be included in a Affidavit For Loss Of Certificate?

1. Schedule A - Identification Documents: Copies of government-issued identification documents of the affiant

2. Schedule B - Certificate Documentation: Any available copies or records of the lost certificate

3. Schedule C - Supporting Documents: Additional documentation such as police reports, insurance claims, or correspondence regarding the loss

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Industries

State-Specific Requirements: Each state has unique requirements for affidavits, including varying notarization requirements and specific statutory language that must be included in the document.

Securities Laws: Federal regulations including Securities Act of 1933, Securities Exchange Act of 1934, State Blue Sky laws, and SEC regulations regarding the replacement of lost securities certificates.

Uniform Commercial Code: Article 8 of the UCC, specifically Sections 8-405 and 8-406, governing investment securities and procedures for replacement of lost, destroyed, or wrongfully taken security certificates.

Legal Requirements for Affidavits: Federal and state regulations regarding perjury and false statements (18 U.S.C. ยง 1001), requirements for sworn statements, and compliance with Notary Public laws.

Statute of Limitations: Time-based restrictions including deadlines for reporting lost certificates and submitting replacement requests.

Corporate Laws: State-specific corporation laws regarding replacement certificates, along with relevant company bylaws and internal procedures for certificate replacement.

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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