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An Affidavit and Indemnity Agreement combines two powerful legal tools under Austrian law: a sworn statement of facts (the affidavit) and a promise to protect against losses (the indemnity). Companies and individuals use this document when they need to both certify information and offer financial protection in the same transaction.

Common in Austrian banking, real estate, and insurance sectors, this agreement helps resolve situations like lost securities, property disputes, or missing documents. The affidavit portion provides legal proof of claims, while the indemnity protects the receiving party from potential damages. Under Austrian Civil Code (ABGB), these agreements must be notarized and can be enforced in court if needed.

Consider using an Affidavit and Indemnity Agreement when dealing with lost or damaged documents in Austrian business transactions. This document proves especially valuable when replacing missing share certificates, resolving property title issues, or handling inheritance matters where original documentation is unavailable.

Banks and financial institutions in Austria often require these agreements when reissuing lost securities or settling estate matters. The agreement helps protect all parties involved - the person making the sworn statement takes legal responsibility for their claims, while the indemnity portion safeguards institutions from potential future claims. Austrian notaries must authenticate these agreements to make them legally binding under the ABGB.

• Simple Affidavit and Indemnity: Basic version used for straightforward lost document cases, typically containing standard sworn statements and basic indemnification terms
• Financial Securities Agreement: Enhanced version with detailed clauses for lost investment certificates or banking documents, including specific Austrian securities regulations
• Property Transfer Variant: Specialized format for real estate transactions, incorporating land registry requirements and property-specific declarations
• Estate Settlement Type: Modified version for inheritance matters, featuring expanded attestation sections and beneficiary protection clauses
• Corporate Document Replacement: Comprehensive version for business entities, addressing lost share certificates and corporate documentation requirements

• Financial Institutions: Banks and investment firms require these agreements when reissuing lost securities or certificates
• Corporate Secretaries: Draft and manage these agreements for lost company documents or share certificates
• Notaries: Authenticate and certify Affidavit and Indemnity Agreements as required by Austrian law
• Property Owners: Sign these agreements when dealing with missing property documentation or title transfers
• Legal Counsel: Review and customize agreements to ensure compliance with Austrian Civil Code requirements
• Estate Administrators: Use these agreements to handle missing documentation in inheritance cases

• Basic Details: Gather full names, addresses, and identification documents of all parties involved
• Lost Document Info: Document the exact details of missing items, including reference numbers and dates
• Circumstance Description: Prepare a clear, factual account of how the document was lost or damaged
• Proof of Ownership: Collect supporting evidence showing original ownership or entitlement
• Indemnity Terms: Define the scope and duration of protection being offered
• Notary Arrangement: Schedule an appointment with an Austrian notary for authentication
• Digital Template: Use our platform to generate a legally-compliant agreement that meets Austrian requirements

• Identification Section: Full legal names, addresses, and roles of all parties involved
• Affidavit Statement: Clear declaration of facts under oath, following Austrian Civil Code requirements
• Indemnification Scope: Detailed description of protection offered and covered scenarios
• Lost Item Details: Specific information about missing documents or items being replaced
• Governing Law: Express reference to Austrian law and jurisdiction
• Notarization Block: Space for official notary authentication as required by Austrian law
• Signature Fields: Properly formatted spaces for all parties' signatures and dates
• Data Protection: GDPR-compliant clauses for handling personal information

An Affidavit and Indemnity Agreement differs significantly from a simple Indemnity Agreement in both scope and legal function under Austrian law. While both documents involve protection against losses, they serve distinct purposes and are used in different situations.

• Sworn Statement Component: Affidavit and Indemnity Agreements include a formal sworn declaration of facts, while Indemnity Agreements focus solely on protection against losses
• Legal Requirements: The affidavit portion requires notarization under Austrian law, making it more formal than a standard indemnity
• Typical Usage: Affidavit and Indemnity Agreements are commonly used for lost document replacements and estate matters, while Indemnity Agreements are more general-purpose risk transfer tools
• Enforcement Power: The sworn statement adds criminal liability for false declarations, providing stronger legal consequences beyond civil penalties