Affidavit Of Indemnity Template for Singapore

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What is a Affidavit Of Indemnity?

An Affidavit Of Indemnity is commonly used in Singapore when original documents have been lost, damaged, or destroyed, and a party needs to protect others against potential claims arising from this situation. This document is particularly important in financial and commercial transactions where the loss of original documentation could create future liability. The affidavit must comply with Singapore's strict legal requirements for sworn statements and should clearly outline the circumstances necessitating the indemnity, the scope of protection offered, and the deponent's commitment to compensate for any resulting losses.

Reviewed by

Swetha Meenal

Legal Engineer, GenieAI

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A lawyer, legal researcher and legal tech founder, Swetha has built AI products deployed inside Tier 1 firms and enterprises. She ensures GenieAI's alignment with the latest regulation and executes testing on the legal robustness of Genie output.

Reviewed by

Imad Mohammed Nazar

Legal Engineer, GenieAI

Imad Mohammed Nazar profile photo

A Skadden-trained M&A lawyer, Imad advised on cross-border transactions and contractual risk before moving into legal AI. He reviews GenieAI's output for compliance and enforceability across our 150+ supported jurisdictions, as well as facilitating external benchmarking.

Jurisdiction

Singapore

Publisher

GenieAI

Category

Affidavit

Sector

Business

Cost

Free to use

Last updated

About the Affidavit Of Indemnity

An Affidavit Of Indemnity is a sworn legal document that provides crucial protection when original documents have been lost, damaged, or destroyed in Singapore. This formal statement, made under oath before a Commissioner for Oaths, serves to indemnify and hold harmless specific parties against potential claims or losses arising from the absence of original documentation.

When do you need this document?

You'll need an Affidavit Of Indemnity in various situations where original documents are unavailable but their legal effect must continue. Common scenarios include when share certificates have been lost and new ones need to be issued, when original insurance policies are destroyed but coverage must be maintained, or when crucial contracts are damaged but the underlying obligations remain valid. Banks frequently require this document when replacing lost fixed deposit certificates or when processing transactions involving missing title deeds. The document becomes essential whenever there's a risk that third parties might suffer financial loss due to your missing documentation.

Key legal considerations

The indemnification clause forms the heart of this document and must clearly specify the scope of protection you're offering. You're essentially promising to compensate the indemnified party for any losses, damages, costs, or legal expenses they might incur due to the missing documents. The statement of facts section requires complete honesty about how the documents were lost, as any misrepresentation could void the indemnity and expose you to additional legal consequences. Consider the financial implications carefully, as you're accepting unlimited liability for potential future claims. The verification statement carries significant weight under Singapore law, as making false declarations in a sworn affidavit constitutes perjury and can result in serious criminal penalties.

Legal requirements in Singapore

Singapore's Oaths and Declarations Act strictly governs the creation and execution of affidavits, requiring specific formatting and procedural compliance. Your affidavit must be sworn before a qualified Commissioner for Oaths, who will verify your identity using your NRIC or passport before administering the oath. The Evidence Act determines how your affidavit will be treated in legal proceedings, making proper execution crucial for enforceability. The document must include your complete personal details, a chronological narrative of relevant events, and precise language in the indemnification clause. Under the Supreme Court of Judicature Act, court-related affidavits must meet additional formatting requirements. The Rules of Court specify that sworn statements must follow prescribed forms where applicable. Remember that Singapore's contract law principles will govern the enforceability of your indemnity obligations, so ensure the terms are clear, reasonable, and legally binding.

GOVERNING LAW

Applicable law

This Affidavit Of Indemnity is drafted to comply with Singapore law. Key legislation includes:

Oaths and Declarations Act: Chapter 211 of Singapore Laws - Primary legislation governing the taking of oaths and making of declarations, crucial for affidavit validity

Evidence Act: Chapter 97 of Singapore Laws - Regulates the admissibility of evidence, including sworn statements and affidavits

Supreme Court of Judicature Act: Chapter 322 of Singapore Laws - Establishes the framework for court proceedings and documentation requirements

Commissioners for Oaths Rules: Regulations governing the appointment and duties of Commissioners for Oaths who must verify affidavits

Rules of Court: Procedural rules that specify the format and requirements for court documents including affidavits

Contract Law: Chapter 2 of Singapore Laws - Fundamental principles governing formation and enforcement of contracts, including indemnity agreements

Limitation Act: Establishes time limits within which legal claims must be brought, affecting indemnity provisions

Jurat Requirements: Legal requirements for the certification statement at the end of an affidavit, confirming when, where, and before whom it was sworn

Common Law Principles of Indemnity: Established legal principles from case law regarding the nature, scope, and enforcement of indemnity agreements

Misrepresentation Rules: Legal principles governing false statements or omissions that could invalidate the affidavit or indemnity agreement

Doctrine of Consideration: Common law principle requiring exchange of value for contract validity, applicable to indemnity agreements

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