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An Affidavit and Indemnity Agreement combines two powerful legal tools used in Swiss business transactions. It pairs a sworn statement (affidavit) with a promise to protect against losses (indemnity), creating a single document that both certifies facts and provides financial protection.

Under Swiss law, these agreements help resolve situations like lost share certificates, disputed property transfers, or missing documents. The affidavit portion establishes key facts under oath, while the indemnity protects the receiving party from potential claims or damages. Banks, insurance companies, and corporate trustees commonly use these agreements to manage risk in accordance with Swiss Civil Code requirements.

Consider using an Affidavit and Indemnity Agreement when dealing with lost or destroyed documents in Swiss business transactions. This document proves especially valuable when replacing missing share certificates, handling estate transfers with incomplete paperwork, or resolving disputed property ownership where original documentation has been lost.

Banks and financial institutions in Switzerland often require these agreements before releasing assets or completing transactions without original documentation. The agreement protects all parties: the affidavit portion legally establishes facts about the missing documents, while the indemnity component safeguards institutions against future claims. Swiss courts recognize these agreements as valid risk management tools under federal banking regulations.

• Basic Lost Document Agreement: Most common type used for missing share certificates or bank documents, requiring a detailed description of the lost item and circumstances
• Corporate Transaction Indemnity: Used in mergers and acquisitions, containing expanded liability coverage and specific representations about corporate documentation
• Estate Settlement Version: Tailored for inheritance matters, including special provisions for heir identification and asset transfer authorization
• Banking Services Agreement: Features enhanced due diligence requirements and specific clauses meeting Swiss banking secrecy laws
• Property Transfer Variant: Contains additional clauses for real estate transactions, addressing cantonal property registration requirements

• Financial Institutions: Swiss banks and investment firms require these agreements when clients need to replace lost certificates or complete transactions without original documentation
• Corporate Legal Teams: Draft and review agreements for their organizations, ensuring compliance with Swiss federal and cantonal requirements
• Individual Asset Holders: Sign affidavits declaring lost documents and accepting indemnity obligations
• Notaries: Authenticate signatures and verify identities, adding legal weight to the sworn statements
• Insurance Companies: Review and accept indemnity provisions, often acting as guarantors in high-value transactions

• Document Details: Gather precise information about lost or missing documents, including dates, reference numbers, and last known location
• Party Information: Collect full legal names, addresses, and roles of all involved parties, including any witnesses or notaries
• Loss Circumstances: Document a detailed chronology of events leading to document loss or destruction
• Asset Values: Calculate and record accurate values of assets or securities involved
• Legal Authority: Confirm signatory authorization levels and gather proof of identity for Swiss notarization
• Template Selection: Use our platform's smart templates to generate a legally compliant agreement matching your specific situation

• Declarant Details: Full legal names, addresses, and roles of all parties making sworn statements
• Factual Declaration: Clear description of lost documents and circumstances, with dates and supporting evidence
• Indemnity Terms: Specific protection commitments, including scope and duration of coverage
• Governing Law: Express reference to Swiss law and relevant cantonal jurisdictions
• Notarization Block: Space for official authentication under Swiss notarial requirements
• Liability Limits: Clear boundaries of indemnification obligations and any exclusions
• Signature Section: Formal execution blocks meeting Swiss legal standards for sworn statements

People often confuse an Affidavit and Indemnity Agreement with a simple Indemnity Agreement, but they serve different purposes under Swiss law. While both documents involve protection against losses, the combined version adds a crucial sworn statement component that makes it more powerful for specific situations.

• Legal Weight: An Affidavit and Indemnity Agreement carries the force of sworn testimony, making false statements punishable under Swiss perjury laws
• Scope of Use: Primarily used for lost document scenarios and asset transfers, while simple indemnity agreements cover general business risks
• Notarization Requirements: The combined agreement must be notarized in Switzerland, unlike basic indemnity contracts
• Evidence Value: Courts and financial institutions give greater weight to the sworn factual declarations in the combined document