An Affidavit of Loss and Indemnity Agreement is a crucial legal document used in South African jurisdictions when an individual or entity needs to formally declare the loss of an important item or document and obtain a replacement. This document type is commonly required by banks, government departments, and other institutions when handling requests for replacement of lost certificates, titles, important documents, or valuable items. The affidavit portion requires attestation by a Commissioner of Oaths, making it a sworn statement under South African law, while the indemnity agreement portion protects the receiving institution against potential future claims or liabilities. It must comply with both the requirements for sworn statements under the Justices of the Peace and Commissioners of Oaths Act and the principles of contract law regarding indemnification. Typically used in situations involving lost share certificates, banking documents, educational certificates, or other valuable documents where formal declaration of loss and protection against future claims is necessary.
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1. Parties: Identification of the deponent (person making the affidavit) and the party receiving the indemnity
2. Background: Context of the relationship between parties and purpose of the affidavit of loss and indemnity
3. Definitions: Key terms used in the document including 'Lost Item', 'Indemnified Party', and related definitions
4. Declaration Under Oath: Formal sworn statement regarding the circumstances of the loss
5. Details of Lost Item: Specific description and details of the lost item or document
6. Circumstances of Loss: Detailed explanation of how, when, and where the loss occurred
7. Search Efforts: Description of efforts made to locate the lost item
8. Indemnification Provisions: Terms of indemnity protecting the receiving party against claims related to the lost item
9. Duration of Indemnity: Period for which the indemnification remains valid
10. Governing Law: Specification of South African law as governing law
11. Commissioner of Oaths Attestation: Official section for commissioner of oaths to complete and certify the affidavit
1. Police Report Reference: Include when a police report has been filed for the loss
2. Additional Security Measures: Include when specific security measures are required to prevent misuse of the lost item
3. Third Party Rights: Include when the lost item might affect rights of third parties
4. Replacement Procedures: Include when specific procedures for replacing the lost item need to be documented
5. Insurance Claims: Include when insurance claims have been or will be made regarding the lost item
1. Schedule A - Identity Documentation: Certified copies of the deponent's identity documentation
2. Schedule B - Supporting Evidence: Any available evidence relating to the lost item (photos, receipts, etc.)
3. Schedule C - Search Documentation: Records of attempts to locate the lost item
4. Schedule D - Police Report: Copy of police report if applicable
5. Schedule E - Original Rights Documentation: Documentation proving original ownership or rights to the lost item
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