The Affidavit of Lost Stock Certificate is a crucial document in Canadian corporate governance, used when a shareholder needs to formally declare the loss, destruction, or theft of a share certificate and obtain a replacement. This document is required by both federal and provincial corporate laws to protect the interests of the corporation, the shareholder, and potential third parties. It contains detailed information about the lost certificate, circumstances of loss, verification of ownership, and indemnification provisions. The affidavit must be sworn before a qualified official such as a notary public or commissioner of oaths, and may need to comply with additional requirements depending on the corporation's bylaws and relevant securities regulations. This document is particularly important as it helps prevent unauthorized duplicate certificates while providing a legal mechanism for legitimate shareholders to maintain proof of their ownership.
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1. Title and Introduction: Formal title of the affidavit and introduction of the affiant, including full legal name, address, and relationship to the lost certificate
2. Certificate Details: Detailed description of the lost stock certificate, including certificate number, number of shares, class of shares, and corporation name
3. Ownership Verification: Statement confirming the affiant's ownership of the shares and how they were acquired
4. Loss Circumstances: Detailed explanation of how and when the certificate was lost or destroyed, and efforts made to locate it
5. Search Declaration: Statement describing all attempts made to find the certificate and confirmation that it cannot be located
6. Non-Transfer Declaration: Declaration that the certificate has not been endorsed, sold, assigned, transferred, or pledged
7. Indemnification: Agreement to indemnify the corporation against any claims or losses arising from the replacement of the certificate
8. Request for Replacement: Formal request for the issuance of a replacement certificate
9. Attestation: Formal closing statement affirming the truth of the statements, including place for signature, date, and notary details
1. Additional Security Measures: Section outlining any additional security measures or bonds required by the corporation, used when high-value certificates are involved
2. Co-Owner Declaration: Additional declarations required when the lost certificate was jointly owned
3. Corporate Authority: Required when the affiant is signing on behalf of a corporate entity that owned the shares
4. Power of Attorney: Required when the affiant is acting under a power of attorney for the registered shareholder
1. Schedule A - Certificate Details: Detailed information about the lost certificate, including copy of any supporting documentation
2. Schedule B - Search Documentation: Copies of any correspondence or documentation related to the search for the lost certificate
3. Schedule C - Indemnity Bond: If required by the corporation, the form of indemnity bond to be provided
4. Schedule D - Supporting Documents: Copies of relevant documents such as police reports, insurance claims, or other evidence related to the loss
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