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Affidavit Of Loss Form

Affidavit Of Loss Form Template for Canada

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Key Requirements PROMPT example:

Affidavit Of Loss Form

"I need an Affidavit of Loss Form for my lost stock certificates issued by ABC Corporation (certificate numbers 12345-12350), which were misplaced during an office relocation in January 2025; this will be submitted to the corporation's transfer agent for reissuance."

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Document background
The Affidavit of Loss Form serves as a crucial legal instrument in Canadian jurisdiction when individuals or organizations need to formally document the loss of important items or documents. This sworn statement is commonly required by financial institutions, government agencies, and other organizations as part of their process for replacing lost documents or items. The affidavit must comply with both federal and provincial legislation regarding sworn statements, including the Canada Evidence Act and provincial notary requirements. It contains detailed information about the declarant, the lost item, circumstances of loss, and search efforts undertaken. The document often serves as a prerequisite for obtaining replacement documents and provides legal protection for both the declarant and the issuing institution.
Suggested Sections

1. Title and Jurisdiction: Specifies that this is an Affidavit of Loss and identifies the relevant jurisdiction

2. Declarant Information: Full legal name, address, and occupation of the person making the affidavit

3. Oath Declaration: Standard language indicating that the declarant is making statements under oath

4. Description of Lost Item: Detailed description of the lost document or item, including identifying numbers, dates, and other relevant details

5. Circumstances of Loss: Explanation of when, where, and how the item was lost or destroyed

6. Search Efforts: Description of steps taken to locate the lost item

7. Purpose of Affidavit: Statement explaining why the affidavit is being made (e.g., to obtain replacement documents)

8. Truth Declaration: Statement affirming that all information provided is true and correct

9. Signature Block: Space for declarant's signature, date, and notary/commissioner details

Optional Sections

1. Previous Replacements: Section declaring whether any previous replacement requests have been made, used when required by specific institutions

2. Police Report Reference: Details of any police report filed regarding the loss, included when a police report exists

3. Additional Witnesses: Information about witnesses to the loss or destruction, included when witnesses exist

4. Value Declaration: Statement of the monetary value of the lost item, included when required for insurance or institutional purposes

5. Indemnification: Promise to indemnify the issuing institution against claims related to the original item, included when required by the receiving institution

Suggested Schedules

1. Copy of Identification: Certified copy of declarant's government-issued identification

2. Supporting Documents: Copies of any relevant documentation supporting the existence of the lost item

3. Police Report: Copy of police report if one was filed regarding the loss

4. Search Evidence: Documentation of efforts made to locate the lost item (e.g., correspondence, advertisements)

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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alex.den.21@genieai.co
Relevant Industries

Banking and Financial Services

Insurance

Government and Public Administration

Legal Services

Education

Healthcare

Transportation

Real Estate

Securities and Investment

Retail

Manufacturing

Telecommunications

Relevant Teams

Legal

Compliance

Risk Management

Administrative Services

Corporate Secretariat

Document Control

Records Management

Human Resources

Operations

Finance

Security

Customer Service

Relevant Roles

Legal Counsel

Compliance Officer

Risk Manager

Administrative Manager

Corporate Secretary

Document Control Specialist

Records Manager

Human Resources Manager

Operations Manager

Financial Controller

Security Officer

Customer Service Manager

Branch Manager

Claims Adjuster

Property Manager

Industries
Canada Evidence Act (R.S.C., 1985, c. C-5): Federal legislation that governs the rules of evidence in court proceedings, including the use and acceptance of affidavits as evidence
Statutory Declarations Act (R.S.C., 1985, c. S-28): Federal law that provides the framework for making statutory declarations and affidavits, including the proper format and requirements for validity
Criminal Code of Canada (R.S.C., 1985, c. C-46) - Section 131 (Perjury): Defines the offense of perjury and establishes penalties for making false statements under oath, which applies to affidavits
Commissioners for Taking Affidavits Act (Provincial): Provincial legislation that governs who can administer oaths and take affidavits, varying by province but essential for proper execution of the affidavit
Notaries Act (Provincial): Provincial legislation that governs notaries public who may be required to witness and authenticate affidavits of loss
Electronic Commerce Act (Provincial): Relevant provincial legislation regarding the acceptance and validity of electronic signatures and documents, which may be applicable for electronic affidavits
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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