The Affidavit of Indemnity is a crucial legal instrument in Malaysian business and administrative practice, commonly used when one party needs to provide formal assurance to another regarding potential losses or liabilities. This document type is particularly relevant in cases involving lost share certificates, missing official documents, property transactions, or situations requiring formal protection against future claims. The affidavit must be sworn or affirmed before a Commissioner for Oaths in Malaysia, following the requirements of the Statutory Declarations Act 1960. It combines the solemnity of a sworn statement with the protective nature of an indemnity agreement, making it a powerful tool in risk management and legal compliance. The document typically includes detailed background information, specific indemnity provisions, and supporting evidence as schedules.
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1. Title and Heading: States 'Affidavit of Indemnity' and the relevant court/jurisdiction details if applicable
2. Deponent Details: Full name, NRIC/Passport number, occupation and address of the person making the affidavit
3. Oath Statement: Standard declaration that the deponent is swearing/affirming the truth of the statements
4. Background Facts: Detailed description of the circumstances leading to the need for indemnity
5. Subject Matter: Clear identification of the property, document, or matter being indemnified
6. Indemnity Declaration: Specific indemnity commitment and scope of the indemnification
7. Supporting Facts: Additional facts and evidence supporting the indemnity claim
8. Verification: Formal verification clause stating the truth of the contents
9. Execution Block: Space for signature, commissioner for oaths details, and attestation
1. Loss Report: Details of any loss or damage when the affidavit relates to lost documents or property
2. Police Report Reference: Include when a police report has been made regarding lost documents
3. Corporate Authorization: Required when the deponent is signing on behalf of a company
4. Additional Undertakings: Specific promises or commitments beyond the basic indemnity
5. Third Party Rights: Required when the indemnity affects the rights of other parties
1. Identity Documents: Copies of the deponent's identification documents
2. Supporting Documents: Relevant documents supporting the facts stated in the affidavit
3. Police Reports: Copies of any police reports filed in relation to the matter
4. Corporate Documents: Company registration and authorization documents if involving a corporate entity
5. Search Results: Results of relevant searches conducted to verify lost documents or ownership
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