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Affidavit of Loss
I need an affidavit of loss to report the loss of my Hong Kong identity card, including details of when and where it was lost, and a declaration that I have not used it since its loss. The document should be notarized and include my personal information for identification purposes.
What is an Affidavit of Loss?
An Affidavit of Loss is a sworn legal statement you make when you've lost an important document or item in Hong Kong. It formally declares the circumstances of the loss and often helps you obtain replacements for things like share certificates, property titles, or valuable contracts.
Once signed before a notary or commissioner for oaths, this affidavit protects organizations from future liability and creates a proper paper trail. Banks, companies, and government offices in Hong Kong typically require it before issuing replacement documents - it's essentially your formal promise that you've truly lost the original and will return it if found.
When should you use an Affidavit of Loss?
You need an Affidavit of Loss when important documents go missing in Hong Kong - especially items like share certificates, property deeds, insurance policies, or valuable contracts. Banks and government offices often require this sworn statement before they'll issue replacements for lost documents.
Time matters with these affidavits. File one as soon as you discover the loss to protect yourself from potential fraud and minimize delays in getting replacements. Companies handling sensitive documents, financial institutions, and property owners commonly use them to maintain proper records and prevent unauthorized use of lost originals.
What are the different types of Affidavit of Loss?
- Affidavit For Loss Of Documents: The most general version, covering any important document loss
- Affidavit Of Lost Stock Certificate: Specifically for corporate shareholders who've lost stock certificates
- Affidavit Of Ownership And Loss With Undertaking: Includes additional promises about future actions if the original is found
- Affidavit For Lost Certificate: Used for various certificates beyond stocks, like academic or professional credentials
- Affidavit For Lost Share Certificate: Tailored for company shares, with specific details about shareholding
Who should typically use an Affidavit of Loss?
- Shareholders and Investors: Most commonly file these affidavits when share certificates or investment documents are lost
- Company Secretaries: Process and verify Affidavits of Loss for corporate record-keeping and compliance
- Banks and Financial Institutions: Accept and require these affidavits before issuing replacement documents or certificates
- Property Owners: Submit affidavits when property deeds or title documents go missing
- Notaries and Commissioners for Oaths: Witness and authenticate these sworn statements to make them legally valid
- Corporate Legal Teams: Draft and review affidavits to ensure proper protection for both the company and affected parties
How do you write an Affidavit of Loss?
- Document Details: Gather exact information about the lost item - serial numbers, dates, identifying features
- Loss Circumstances: Document when and how the loss occurred, plus any steps taken to locate it
- Personal Information: Prepare your full legal name, HKID number, and current contact details
- Ownership Proof: Collect any evidence showing you owned the lost item (receipts, records, photographs)
- Police Report: File a report if the loss involves valuable items or potential fraud
- Witness Details: Identify a notary or commissioner for oaths to authenticate your statement
- Digital Template: Use our platform to generate a legally-sound affidavit that includes all required elements
What should be included in an Affidavit of Loss?
- Title and Declaration: Clear statement identifying it as an Affidavit of Loss with deponent's details
- Document Description: Precise details of the lost item including unique identifiers and value
- Loss Circumstances: Specific date, location, and circumstances of the loss
- Search Details: Description of efforts made to locate the lost item
- Undertaking Clause: Promise to return or destroy any replacement if original is found
- Indemnity Statement: Agreement to protect issuing party from future claims
- Authentication Block: Space for notary or commissioner's signature and stamp
- Jurisdiction Statement: Confirmation that Hong Kong law governs the affidavit
What's the difference between an Affidavit of Loss and an Affidavit?
People often confuse an Affidavit of Loss with a regular Affidavit, but they serve different purposes in Hong Kong's legal system. While both are sworn statements, an Affidavit of Loss specifically deals with lost documents or items, while a general affidavit can cover any factual declaration.
- Purpose and Scope: An Affidavit of Loss focuses solely on declaring the circumstances of a lost item and requesting replacement, while a general affidavit can address any subject matter requiring sworn testimony
- Required Content: Affidavits of Loss must include specific details about the lost item and search efforts, whereas general affidavits follow a broader format based on their purpose
- Legal Effect: An Affidavit of Loss typically triggers replacement document issuance and includes indemnity provisions, while general affidavits simply verify facts for court or administrative purposes
- Usage Context: Banks and companies specifically require Affidavits of Loss for replacing documents, while general affidavits serve various legal proceedings
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