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An Affidavit and Indemnity Agreement combines two powerful legal tools under Dutch law: a sworn statement of facts (affidavit) and a promise to protect against losses (indemnity). Companies and individuals use this dual-purpose document when they need to both formally declare something true and promise to cover potential damages related to that declaration.

Common uses include replacing lost share certificates, handling inheritance matters, or resolving property disputes in the Netherlands. The affidavit portion carries legal weight in Dutch courts, while the indemnity part protects other parties by creating a clear pathway for compensation if the sworn statements turn out to be incorrect or cause harm.

You need an Affidavit and Indemnity Agreement when dealing with situations involving lost or damaged important documents in the Netherlands. Common scenarios include replacing missing share certificates, handling property title transfers where original documents are unavailable, or managing inheritance cases with incomplete paperwork.

Dutch businesses particularly benefit from this agreement when restructuring ownership, merging companies, or resolving disputes where documentary evidence is incomplete. The combination of a sworn statement and protection against future claims makes it essential for banks, notaries, and corporate secretaries who need to move forward with transactions while managing legal risks around missing documentation.

• Basic Lost Document: Used when replacing missing share certificates or property deeds - includes detailed description of lost item and circumstances
• Corporate Transfer: Enhanced version for business ownership changes, featuring additional clauses about company assets and liabilities
• Estate Settlement: Specialized format for inheritance matters, incorporating statements about heir relationships and asset claims
• Financial Institution: Robust version used by Dutch banks, with extra protection clauses and specific financial asset declarations
• Property Transaction: Focused on real estate dealings, including specific language about property rights and title verification

• Corporate Secretaries: Draft and maintain these agreements for share certificate replacements and ownership transfers
• Banks and Financial Institutions: Require these documents when handling lost financial instruments or updating ownership records
• Notaries: Verify and authenticate the affidavits, ensuring compliance with Dutch legal requirements
• Company Directors: Sign as authorized representatives, taking on liability for the statements made
• Legal Counsel: Review and customize agreements to protect their clients' interests while meeting regulatory requirements
• Insurance Companies: Often act as indemnifiers or require these agreements for certain policy claims

• Document Details: Gather exact information about the lost or damaged document, including dates, reference numbers, and original issuing authority
• Party Information: Collect complete legal names, addresses, and roles of all involved parties, including witnesses
• Circumstances: Document the precise situation leading to the need for the agreement, including dates and relevant facts
• Asset Values: Calculate and verify any financial amounts or asset values involved
• Supporting Evidence: Compile any available proof or documentation that supports your statements
• Notary Details: Arrange for a Dutch notary who can authenticate the document

• Declaration Section: Clear statement of facts under oath, with date and location of the declaration
• Identity Details: Full legal names, addresses, and capacities of all parties involved
• Property Description: Detailed description of the lost document or property in question
• Indemnity Clause: Specific terms of protection offered, including scope and duration
• Witness Requirements: Space for witness signatures and their identification details
• Notarial Statement: Section for Dutch notary verification and official stamp
• Governing Law: Explicit reference to Dutch law and jurisdiction

The main difference between an Affidavit and Indemnity Agreement and a simple Indemnity Agreement lies in their scope and legal power. While both documents deal with protection against losses, they serve distinct purposes in Dutch legal practice.

• Sworn Statement Component: Affidavit and Indemnity Agreements include a formal sworn declaration, while standard Indemnity Agreements only focus on protection terms
• Legal Weight: The affidavit portion carries criminal penalties for false statements under Dutch law, making it more powerful for establishing facts
• Usage Context: Affidavit and Indemnity Agreements are specifically used for lost document scenarios, while Indemnity Agreements cover broader business risks
• Authentication Requirements: Affidavit versions typically require notarial verification, whereas simple indemnities often don't