Affidavit and Indemnity Agreement Template for Canada

An Affidavit and Indemnity Agreement combines two powerful legal tools commonly used in Canadian business transactions. The affidavit portion is your sworn statement of facts, while the indemnity part promises to protect another party from potential losses or legal issues that might arise from those facts.

Banks and financial institutions often require these agreements when replacing lost securities or processing estate transfers. They protect themselves from future claims while relying on your sworn statements. The document must be signed in front of a commissioner of oaths or notary public, making it a legally binding commitment under provincial and federal laws.

You need an Affidavit and Indemnity Agreement when dealing with lost, stolen, or destroyed financial documents like stock certificates, bonds, or bank drafts. Canadian financial institutions typically require this protection before issuing replacements or processing claims on missing securities.

The agreement proves especially valuable during estate settlements when original documents are missing, or in corporate transactions where proof of ownership needs restoration. Companies also use these agreements when transferring assets, restructuring ownership, or resolving documentation gaps in mergers and acquisitions. The dual protection of a sworn statement plus indemnification makes it essential for managing legal and financial risks.

• General Financial: Standard agreements used by banks and investment firms for lost securities or certificates, requiring detailed descriptions of missing items
• Estate Transfer: Modified versions focusing on deceased account holders' assets, including specific provisions for executors and beneficiaries
• Corporate Transaction: Enhanced agreements for business mergers or acquisitions, incorporating additional clauses about company assets and ownership records
• Real Estate: Specialized forms addressing lost property documents or title issues, with specific provincial requirements
• Securities Replacement: Comprehensive versions for publicly traded companies, featuring expanded indemnification terms and shareholder protections

• Financial Institutions: Banks, credit unions, and investment firms require these agreements before replacing lost documents or processing claims
• Corporate Officers: CEOs, CFOs, and directors sign these when handling lost company securities or ownership documents
• Estate Executors: Need these agreements when managing deceased persons' assets with missing documentation
• Legal Professionals: Lawyers and notaries draft and witness these agreements, ensuring proper execution
• Individual Account Holders: Sign these when requesting replacement certificates or documents from financial institutions

• Document Details: Gather exact information about the lost or missing item, including serial numbers, dates, and original values
• Party Information: Collect full legal names, addresses, and roles of all involved parties and witnesses
• Circumstances: Document how and when the item was lost, destroyed, or misplaced in clear, factual terms
• Supporting Evidence: Compile any proof of ownership, purchase records, or related correspondence
• Signing Requirements: Arrange for a commissioner of oaths or notary public to witness the signing
• Digital Platform: Use our automated system to generate a legally compliant agreement tailored to your specific situation

• Declarant Details: Full legal name, address, and capacity of the person making the sworn statement
• Property Description: Detailed identification of the lost or missing item, including all relevant serial numbers or identifiers
• Sworn Statement: Clear declaration of facts regarding the loss or destruction, made under oath
• Indemnification Terms: Specific protection promises, including scope and duration of the coverage
• Governing Law: Clear statement of applicable provincial jurisdiction and legal framework
• Attestation Block: Space for commissioner of oaths or notary public signature and seal
• Automated Compliance: Our platform ensures all these elements are properly included and formatted

An Affidavit and Indemnity Agreement differs significantly from a standard Indemnity Agreement in several key ways. While both documents involve protection against losses, they serve distinct purposes in Canadian legal practice.

• Sworn Statement Component: The Affidavit and Indemnity Agreement includes a sworn declaration of facts, requiring notarization or commissioner attestation, while a simple Indemnity Agreement doesn't require sworn statements
• Legal Weight: The affidavit portion adds criminal liability for false statements, making it more powerful for establishing facts about lost documents
• Typical Usage: Affidavit and Indemnity Agreements are specifically designed for replacing lost securities or documents, while standard Indemnity Agreements cover general risk transfer in business transactions
• Execution Requirements: The combined agreement requires formal witnessing and official certification, whereas a basic Indemnity Agreement only needs standard signatures