The Affidavit of Loss and Indemnity Agreement is a crucial legal document used when valuable items, documents, or instruments are lost and need to be replaced. It is commonly used in India across various sectors, particularly in banking, education, and corporate environments. The document is required when someone needs to declare the loss of important items such as share certificates, educational certificates, bank documents, or corporate documents, and seek their replacement. The affidavit portion provides a sworn statement about the circumstances of the loss, while the indemnity agreement protects the issuing authority against potential claims if the original item is misused. The document must comply with Indian legal requirements, including proper stamping and notarization, and typically includes detailed descriptions of the lost item, circumstances of loss, and indemnification terms.
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1. Parties: Identification of the deponent (person making the affidavit) and the party being indemnified
2. Background: Context of the relationship between parties and the general circumstance leading to this affidavit
3. Definitions: Key terms used in the document including 'Lost Item', 'Indemnified Party', and 'Claim'
4. Declaration of Loss: Detailed statement under oath regarding the loss, including date, time, and circumstances of the loss
5. Efforts to Locate: Description of steps taken to locate the lost item and prevent misuse
6. Indemnification Clause: Terms of indemnification, including scope of protection and obligations of the indemnifier
7. Representations and Warranties: Statements confirming the truth of declarations and authority to make the agreement
8. Governing Law: Specification of Indian law as governing law and jurisdiction details
9. Execution: Signature block with notary attestation and verification clause
1. Additional Parties: Required when multiple parties are involved in the indemnification
2. Security Measures: Include when the lost item could pose security risks (e.g., lost financial instruments)
3. Recovery Procedures: Include when specific procedures need to be followed if the lost item is found
4. Insurance Details: Required when insurance is involved in covering the potential loss
5. Limitation of Liability: Include when specific limitations on the scope of indemnity are needed
6. Dispute Resolution: Optional detailed arbitration or mediation procedures
1. Schedule A - Description of Lost Item: Detailed description including identifying numbers, marks, or characteristics of the lost item
2. Schedule B - Supporting Documents: Copies of relevant documents proving ownership or relationship to the lost item
3. Schedule C - Police Report: If applicable, copy of filed police report or FIR regarding the loss
4. Appendix 1 - Search Record: Chronological record of all efforts made to locate the lost item
5. Appendix 2 - Public Notices: Copies of any public notices or advertisements placed regarding the loss
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