Affidavit and Indemnity Agreement Template for the USA

Use an Affidavit and Indemnity Agreement when you need to replace important lost or destroyed documents, like stock certificates, property deeds, promissory notes, or insurance policies. It's especially valuable when dealing with financial institutions, insurance companies, or property transactions where proof of ownership or rights is essential but original documentation is unavailable.

This agreement proves particularly useful during estate settlements, corporate mergers, or property transfers where documentation gaps exist. For example, if you're helping settle an estate but can't locate original stock certificates, many transfer agents and brokers will accept this agreement to process the transfer. It protects all parties involved - the person making the sworn statement and those relying on that information to complete transactions.

Lenders and title insurance providers also request this form during a loan closing or a property title search. In North Carolina, for instance, a real estate closing often uses the standardized NCLTA form (from the North Carolina Land Title Association) to pair a borrower's sworn affidavit with an indemnity so the transaction can close on schedule. A survey affidavit and indemnity works the same way when a lender needs to waive a new survey and rely on an existing one.

• Lost Document Agreements: Used when replacing missing financial instruments or property records, such as a promissory note or stock certificate, requiring detailed descriptions of the lost items and circumstances
• Estate Transfer Agreements: Specifically structured for probate and inheritance situations, including declarations about deceased's assets
• Corporate Transaction Agreements: Tailored for business dealings, mergers, and stock transfers, including transactions involving an LLC or corporation, with expanded indemnification terms
• Title Clearing Agreements: Focused on real estate matters, containing specific property descriptions and chain of title declarations, often relied on by a lender or title insurance provider at closing
• Survey Affidavit and Indemnity: Confirms the boundaries and improvements shown on an existing survey so a new one isn't required, protecting the title insurer against undisclosed encroachments
• General Purpose Agreements: Basic format adaptable to various situations, containing standard affidavit language and broad indemnification terms

• Financial Institutions: Banks, credit unions, and investment firms often require these agreements when processing lost security replacements or transfers
• Estate Executors: Use them to handle missing documents or unclear ownership situations during estate administration
• Corporate Officers: Sign these agreements when dealing with lost stock certificates or during business reorganizations
• Title Companies: Request and rely on these agreements to clear title issues or verify property ownership claims
• Notaries Public: Must authenticate the affidavit portion, verifying the identity and sworn statements of signers
• Legal Counsel: Draft and review these agreements to ensure proper protection for all parties involved

• Document Details: Gather precise information about the lost or missing document, including dates, identifying numbers, and original issuers
• Party Information: Collect full legal names, addresses, and roles of all involved parties, including the indemnifier and indemnitee
• Factual Statement: Prepare a clear, detailed description of the circumstances leading to the need for the agreement
• Supporting Evidence: Compile any available proof of ownership or rights to the lost document
• Indemnification Scope: Define exactly what losses or damages will be covered and for how long
• Notary Requirements: Schedule a notary appointment and ensure all signers bring proper identification

• Identification Section: Full legal names, addresses, and roles of every party to the contract, including the affiant, the indemnifier, and the party being protected. In a loan closing, this covers the borrower and the lender by name
• Sworn Statement: Clear declaration that the affiant's statements are true and made under oath
• Material Facts: Detailed description of the missing item and the circumstances requiring this form, whether that's a lost promissory note, a property deed, or a title search discrepancy
• Execution and Delivery: Language confirming the borrower or affiant will execute and deliver the document, and any related instruments, on request
• Indemnification Clause: Specific terms outlining protection against future claims, losses, or any event that gives rise to a demand
• Duration and Limit Terms: A clear statement of how long the indemnity remains in effect and any cap on the amount recoverable
• Governing Law: Statement specifying which state's laws govern the agreement, for example North Carolina where the NCLTA form is commonly used
• Signature Block: Space for dated signatures, witness attestation, and notary acknowledgment

The Affidavit and Indemnity Agreement is often confused with a simple Indemnity Agreement, but they serve distinctly different purposes. While both documents involve protection against losses, the key differences lie in their structure and legal requirements.

• Sworn Statement Component: An Affidavit and Indemnity Agreement includes a legally binding sworn statement that must be notarized, while a standard Indemnity Agreement doesn't require sworn testimony
• Legal Purpose: The combined agreement specifically addresses situations involving lost or missing documents, providing both testimony about the loss and protection against future claims
• Enforcement Requirements: The affidavit portion creates immediate legal accountability for truthfulness, while the indemnity portion provides ongoing protection
• Documentation Needs: Affidavit and Indemnity Agreements typically require more detailed background information and supporting evidence to establish the basis for both the sworn statement and protection