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An Affidavit and Indemnity Agreement combines two powerful legal tools under Belgian civil law - a sworn statement of facts and a promise to protect against losses. Companies and individuals use this when transferring assets, settling disputes, or handling lost documents, especially in Brussels' financial district.

The affidavit part lets you formally declare important facts under oath, while the indemnity section promises to cover any damages if those facts turn out to be wrong. Belgian notaries often require these agreements for property transfers, and banks accept them when replacing missing securities or certificates. They're particularly useful because they follow Belgium's strict requirements for both sworn statements and contractual promises.

You need an Affidavit and Indemnity Agreement when dealing with lost financial documents, replacing damaged securities, or transferring property without complete documentation in Belgium. This agreement proves especially valuable during corporate mergers, when handling estate distributions, or resolving situations where original certificates are destroyed or misplaced.

Belgian banks and notaries frequently request these agreements to protect all parties during high-stakes transactions. For example, if you're replacing lost share certificates, the agreement assures the issuing company that you'll cover any losses if the original documents resurface and create competing claims. It's particularly crucial in Brussels' financial sector, where swift resolution of documentation issues keeps business moving.

• Standard Lost Document: The most common version used for replacing missing financial certificates or property titles in Belgian financial institutions. Includes detailed descriptions of the lost document and comprehensive protection clauses.
• Corporate Transaction: Specifically designed for mergers and acquisitions in Belgium's business sector, with expanded liability coverage and specific corporate identification details.
• Estate Administration: Used in Belgian probate cases, featuring detailed asset descriptions and beneficiary protection clauses.
• Financial Institution: Tailored for banks and investment firms, with enhanced security verification requirements and specific indemnification terms.
• Property Transfer: Contains specialized clauses for real estate transactions, meeting Belgian notarial requirements and property registration standards.

• Financial Institutions: Banks and investment firms request these agreements when replacing lost securities or handling document-related disputes
• Corporate Officers: CEOs and directors sign Affidavit and Indemnity Agreements during mergers, acquisitions, or major asset transfers
• Notaries: Review and authenticate these agreements, ensuring compliance with Belgian civil law requirements
• Legal Counsel: Draft and modify agreements to protect their clients' interests while meeting regulatory standards
• Property Owners: Use these agreements when dealing with lost title documents or complex real estate transactions
• Estate Administrators: Apply these agreements to resolve inheritance documentation issues

• Document Details: Gather precise descriptions of lost or damaged documents, including dates, reference numbers, and issuing authorities
• Party Information: Collect full legal names, addresses, and roles of all involved parties, including any corporate entities
• Asset Description: Document detailed specifications of the property, securities, or assets involved in the agreement
• Loss Circumstances: Prepare a clear timeline and explanation of how documents were lost or damaged
• Indemnity Scope: Define exact terms of protection offered, including financial limits and duration
• Verification Method: Determine how claims will be validated and which Belgian authorities need to authenticate the agreement

• Declaration Statement: Clear affirmation of facts under Belgian oath requirements, with precise date and location
• Party Identification: Complete legal names, addresses, and capacities of all signatories in both French and Dutch
• Subject Matter: Detailed description of lost documents, assets, or circumstances requiring indemnification
• Indemnity Terms: Specific protection scope, financial limits, and duration of the indemnification
• Governing Law: Express reference to Belgian civil code and applicable regional regulations
• Authentication Method: Notarial requirements and witness provisions per Belgian standards
• Execution Details: Signature blocks with date, place, and capacity of signatories

An Affidavit and Indemnity Agreement differs significantly from a simple Indemnity Agreement in both scope and legal power under Belgian law. While both documents involve protection against losses, they serve distinct purposes and carry different legal weights.

• Sworn Declaration Component: The Affidavit portion requires a formal sworn statement before Belgian authorities, while a standard Indemnity Agreement doesn't include this sworn testimony element
• Legal Authority: Affidavit and Indemnity Agreements carry stronger evidential weight in Belgian courts due to the sworn component
• Typical Usage: These agreements are specifically used for lost document cases and high-stakes financial transactions, whereas simple Indemnity Agreements cover broader business risks
• Authentication Requirements: Must be notarized and witnessed under Belgian law, while standard Indemnity Agreements often don't require notarization
• Liability Implications: Includes both civil liability for losses and potential criminal penalties for false statements, unlike basic indemnity contracts