Affidavit Of Records for Germany

Affidavit Of Records Template for Germany

An Affidavit of Records (eidesstattliche Versicherung über Unterlagen) under German law is a formal sworn statement that verifies the authenticity, custody, and contents of specific records or documents. This legal instrument is governed by German civil procedure law (Zivilprozessordnung) and carries serious legal implications under §156 of the German Criminal Code (Strafgesetzbuch) for false statements. The document serves as a formal certification of records' authenticity and can be used in various legal, administrative, and business contexts within the German jurisdiction, requiring careful attention to formal requirements and proper execution.

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What is a Affidavit Of Records?

An Affidavit of Records is a crucial legal document used in the German legal system when formal verification of records or documents is required. This sworn statement, known in German as 'eidesstattliche Versicherung über Unterlagen,' is commonly used in court proceedings, administrative matters, business transactions, and regulatory compliance. The document must comply with German legal requirements, including those set forth in the Civil Procedure Code (Zivilprozessordnung) and carries criminal penalties for false statements under §156 StGB. The Affidavit of Records typically includes detailed information about the records' origin, maintenance, custody, and authenticity, making it a vital tool for establishing the credibility and admissibility of documentary evidence.

What sections should be included in a Affidavit Of Records?

1. Declarant Information: Full legal name, address, and position/authority of the person making the affidavit

2. Basis of Knowledge: Statement explaining how the declarant has personal knowledge of the records being attested to

3. Purpose of Affidavit: Clear statement of why the affidavit is being made and its intended use

4. Records Description: Detailed description of the records being attested to, including their nature, date range, and location

5. Custody and Control: Statement regarding the chain of custody and control of the records

6. Verification Statement: Formal declaration that the statements made are true and correct

7. Legal Notice: Statement acknowledging that this is equivalent to an oath under German law and false statements are punishable under §156 StGB

What sections are optional to include in a Affidavit Of Records?

1. Records Management Procedures: Description of how the records are maintained and stored, used when addressing business or institutional records

2. Digital Records Authentication: Special section for electronic records, describing digital storage and authentication methods

3. Translation Certification: Required when the records in question are translations of original documents

4. Third Party Certifications: Additional certifications from other parties who can verify the records' authenticity

5. Data Protection Statement: Required when records contain personal data subject to GDPR/DSGVO

What schedules should be included in a Affidavit Of Records?

1. Record Index: Detailed list of all records being attested to, with identifying information

2. Document Copies: Copies of the relevant records, if permitted and appropriate

3. Authentication Certificates: Any relevant certificates or official stamps authenticating the records

4. Chain of Custody Documentation: Documentation showing the transfer and maintenance of records if relevant

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Germany

Publisher

Genie AI

Document Type

Affidavit

Cost

Free to use
Relevant Industries

Legal Services

Healthcare

Financial Services

Government and Public Sector

Education

Insurance

Banking

Manufacturing

Pharmaceutical

Real Estate

Technology

Transportation and Logistics

Relevant Teams

Legal

Compliance

Records Management

Administrative Services

Quality Assurance

Regulatory Affairs

Corporate Governance

Risk Management

Information Management

Operations

Relevant Roles

Legal Counsel

Compliance Officer

Records Manager

Corporate Secretary

Quality Assurance Manager

Document Controller

Archive Manager

Data Protection Officer

Administrative Manager

Legal Administrator

Regulatory Affairs Manager

Operations Director

Company Secretary

Risk Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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