The Affidavit Of Lost Stock Certificate And Indemnity Agreement is a crucial document used in Indian corporate practice when shareholders need to obtain duplicate share certificates due to loss, theft, or destruction of the original certificate. This document is required under various Indian regulations, including the Companies Act 2013 and SEBI guidelines, and serves two primary purposes: first, as a sworn statement detailing the circumstances of the loss and confirming ownership; second, as a legal agreement protecting the company against potential future claims related to the original certificate. The document is essential for maintaining proper corporate records and protecting both shareholder and company interests in the Indian jurisdiction. It must be properly executed with appropriate stamp duty and typically requires notarization to be legally valid.
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1. Parties: Identification of the deponent/shareholder (affiant) and the company that issued the shares
2. Background: Context explaining the purpose of the affidavit and indemnity agreement
3. Definitions: Key terms used throughout the document including 'Lost Certificate', 'Shares', 'Company', etc.
4. Declaration of Ownership: Sworn statement confirming original ownership of the lost share certificate
5. Details of Lost Certificate: Specific information about the lost certificate including certificate number, number of shares, distinctive numbers, etc.
6. Circumstances of Loss: Detailed explanation of how the certificate was lost or destroyed
7. Search Statement: Description of efforts made to locate the lost certificate
8. Non-Transfer Declaration: Statement that the certificate has not been sold, pledged, or otherwise transferred
9. Indemnity Provisions: Agreement to indemnify the company against any claims or losses related to the lost certificate
10. Request for New Certificate: Formal request for issuance of duplicate certificate
11. Governing Law: Specification of Indian law as governing law and jurisdiction
12. Execution: Signature block with notary attestation
1. Additional Security: Section detailing any additional security or guarantee required by the company, used when the value of shares is substantial
2. Joint Holder Provisions: Additional declarations and indemnity provisions when shares are jointly held
3. Bank Guarantee: Terms of bank guarantee if required by the company as additional security
4. Public Notice Acknowledgment: Reference to public notices published regarding lost certificate, if required by company policy
5. Power of Attorney: Authorization section when the affidavit is being executed through a legal representative
6. Witness Statements: Additional testimonies supporting the loss of certificate, used when required for high-value shares
1. Schedule A - Certificate Details: Detailed description of the lost share certificate including certificate number, distinctive numbers, number of shares, etc.
2. Schedule B - Supporting Documents: List of attached documents such as FIR copy, public notice copies, proof of ownership
3. Schedule C - Search Details: Detailed log of all attempts made to locate the lost certificate
4. Appendix 1 - Identity Proof: Copies of identity documents of the shareholder(s)
5. Appendix 2 - Public Notice: Copies of public notices published in newspapers regarding the lost certificate
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