Affidavit Of Loss Template for the United Arab Emirates
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What is a Affidavit Of Loss?
An Affidavit of Loss is a crucial legal document used in the United Arab Emirates when an individual or organization needs to formally declare the loss of important documents, items, or instruments. The document, governed by UAE Federal Laws including the Law of Evidence (Federal Law No. 10 of 1992) and Notary Public Law (Federal Law No. 4 of 2013), serves multiple purposes: it creates an official record of the loss, facilitates the process of obtaining replacement documents, and provides legal protection against potential misuse of the lost item. The Affidavit of Loss must be notarized and may be required by various institutions including banks, government departments, and corporate entities. It typically includes detailed information about the declarant, the lost item, circumstances of loss, and often contains indemnification provisions.
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About the Affidavit Of Loss
An Affidavit of Loss is a sworn legal document that you must prepare when formally declaring the loss of important items, documents, or instruments in the United Arab Emirates. This notarized declaration serves as official evidence of loss and is required by various institutions including banks, government departments, and corporate entities when applying for replacement documents or protection against misuse.
When do you need this document?
You need an Affidavit of Loss when you have lost critical documents such as Emirates ID, passport, driving license, academic certificates, or financial instruments like cheques or promissory notes. Banks typically require this document before issuing replacement credit or debit cards, while government departments need it for reissuing official documents. Corporate entities may require an Affidavit of Loss for lost share certificates, company seals, or authorization letters. Insurance companies often request this document when processing claims for lost valuables, and educational institutions require it before issuing duplicate academic transcripts or certificates.
Key legal considerations
Your Affidavit of Loss must contain accurate and complete information, as making false statements constitutes a criminal offense under UAE Federal Law No. 3 of 1987 (Penal Code), particularly Article 271. The document must include your full legal details, comprehensive description of the lost item with identifying information, exact circumstances and location of loss, and efforts made to recover the item. You should include an indemnification clause protecting institutions from liability if the lost item is found and misused. The affidavit requires notarization by an authorized notary public, and some institutions may require additional witnesses or police report references depending on the nature and value of the lost item.
Legal requirements in United Arab Emirates
Under UAE Federal Law No. 4 of 2013 (Notary Public Law), your Affidavit of Loss must be notarized by a licensed notary public to be legally valid. The document must comply with UAE Federal Law No. 10 of 1992 (Law of Evidence) regarding admissibility of written declarations. You must provide your Emirates ID number, full address, and nationality as required by UAE identification standards. If the lost item was a financial instrument, you may need to file a police report and reference it in your affidavit. For corporate losses, an authorized representative must sign with proper delegation of authority documentation. The affidavit may require attestation by the Ministry of Justice under UAE Cabinet Resolution No. 57 of 2018 if intended for use with foreign entities or international transactions.
GOVERNING LAW
Applicable law
This Affidavit Of Loss is drafted to comply with United Arab Emirates law. Key legislation includes:
UAE Federal Law No. 5 of 1985 (Civil Transactions Law): Provides the legal framework for civil matters and documentation requirements in the UAE
UAE Federal Law No. 4 of 2013 (Notary Public Law): Regulates notarization procedures and requirements for legal documents including affidavits
UAE Federal Law No. 3 of 1987 (Penal Code): Articles related to false statements and declarations, particularly Article 271 regarding making false statements in official documents
UAE Cabinet Resolution No. 57 of 2018: Regulations concerning attestation of documents and translations by the Ministry of Justice
UAE Federal Decree-Law No. 33 of 2021 (Commercial Transactions Law): Relevant for cases involving loss of commercial documents or instruments
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