The Affidavit of Lost Instrument is essential when any important financial or legal document has been lost, stolen, or destroyed. This document is commonly used when seeking replacement of negotiable instruments such as checks, bonds, stock certificates, or other valuable papers. The affidavit must comply with both federal and state requirements, including the Uniform Commercial Code Article 3-309. It serves as protection for both the issuing institution and the rightful owner, containing specific details about the lost instrument, circumstances of its loss, and indemnification provisions. This sworn statement is particularly crucial in preventing unauthorized use of the lost instrument while enabling the legitimate owner to obtain a replacement.
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Key Requirements PROMPT example:
Affidavit Of Lost Instrument
"I need to draft an Affidavit of Lost Instrument for a misplaced corporate bond certificate (value $50,000) issued by ABC Corporation, which was discovered missing during our January 2025 audit, and we need this document to request a replacement from the issuing bank."
1. Header and Title: Identifying information including state/county jurisdiction
2. Affiant Information: Full legal name and address of person making the affidavit
3. Instrument Details: Specific information about the lost instrument (type, date, amount, number)
4. Circumstances of Loss: Detailed explanation of how the instrument was lost/destroyed
5. Ownership Declaration: Statement confirming rightful ownership of the instrument
6. Non-Transfer Declaration: Statement that instrument hasn't been sold, assigned, or transferred
7. Indemnification: Promise to protect issuer against claims related to original instrument
8. Verification: Statement of truth under penalty of perjury
1. Search Efforts: Description of attempts made to locate the instrument
2. Additional Witnesses: Statements from witnesses regarding loss or ownership
3. Bond Information: Details of surety bond if required by institution for high-value instruments
1. Copy of Original Instrument: If available, photocopy or image of the lost instrument
2. Supporting Documentation: Any relevant proof of ownership or transaction records
3. Police Report: If instrument was stolen or lost through crime, include police report documentation
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