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Affidavit Of Lost Stock Certificate

Affidavit Of Lost Stock Certificate Template for South Africa

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Key Requirements PROMPT example:

Affidavit Of Lost Stock Certificate

"I need an Affidavit of Lost Stock Certificate for 1,000 ordinary shares in a JSE-listed company that were misplaced during an office relocation in January 2025; the document must comply with South African law and include additional security measures due to the high value of the shares."

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Document background
An Affidavit of Lost Stock Certificate is a crucial legal document required when a shareholder needs to replace a lost, stolen, or destroyed share certificate in South Africa. This document is necessary to protect both the shareholder's interests and the company's liability under the Companies Act 71 of 2008. The affidavit must be sworn before a Commissioner of Oaths and typically includes details of the lost certificate, circumstances of its loss, confirmation that it hasn't been transferred or pledged, and an indemnity protecting the company against potential claims. It's commonly used by both public and private companies and forms part of the standard procedure for replacing share certificates. The document must comply with South African legal requirements and is often accompanied by additional security measures for high-value shareholdings.
Suggested Sections

1. Deponent Details: Full legal name, ID number, and address of the person making the affidavit

2. Share Certificate Details: Specific details of the lost certificate including certificate number, number of shares, class of shares, and registered holder details

3. Company Details: Full registered name, registration number, and address of the company that issued the shares

4. Circumstances of Loss: Detailed explanation of how and when the certificate was lost or destroyed

5. Search Statement: Declaration of efforts made to locate the certificate

6. Non-Transfer Declaration: Statement that the certificate has not been sold, transferred, pledged or otherwise disposed of

7. Indemnity Statement: Commitment to indemnify the company against any claims arising from the issuance of a replacement certificate

8. Request for Replacement: Formal request for the company to issue a replacement certificate

9. Truth Declaration: Standard affidavit declaration that the contents are true and correct

10. Signature Block: Space for deponent's signature and commissioner of oaths details

Optional Sections

1. Additional Security Measures: Description of any additional security measures agreed with the company (used when high-value shares are involved)

2. Multiple Certificate Declaration: Additional details when multiple certificates are lost simultaneously

3. Beneficial Ownership Declaration: Required when the registered holder is different from the beneficial owner

4. Police Report Reference: Details of police report if one was filed for the lost certificate

5. Previous Loss History: Declaration of any previous instances of lost certificates (if required by company policy)

Suggested Schedules

1. Copy of Share Certificate: If available, a copy of the lost share certificate from company records

2. Identity Document: Certified copy of the deponent's identity document

3. Police Report: Copy of police report if one was filed (optional)

4. Supporting Correspondence: Any relevant correspondence with the company regarding the lost certificate

5. Search Evidence: Documentation of efforts made to locate the certificate

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Financial Services

Banking

Investment Services

Legal Services

Corporate Services

Stock Brokerage

Asset Management

Professional Services

Public Listed Companies

Private Companies

Relevant Teams

Legal

Corporate Secretarial

Compliance

Share Registry

Corporate Governance

Shareholder Services

Corporate Actions

Securities Administration

Relevant Roles

Company Secretary

Legal Counsel

Corporate Lawyer

Share Registry Manager

Compliance Officer

Transfer Secretary

Corporate Governance Officer

Legal Administrator

Stock Transfer Agent

Shareholder Services Manager

Corporate Actions Specialist

Securities Administrator

Industries
Companies Act 71 of 2008: Primary legislation governing companies in South Africa, including provisions for share certificates, their issuance, and replacement procedures
Financial Markets Act 19 of 2012: Regulates financial markets and securities, including provisions relevant to share certificates and their handling
Justices of the Peace and Commissioners of Oaths Act 16 of 1963: Governs the administration of oaths and affidavits in South Africa, crucial for the legal validity of the affidavit
Consumer Protection Act 68 of 2008: May be relevant in protecting shareholder rights when dealing with replacement of lost share certificates
Financial Intelligence Centre Act 38 of 2001: Relevant for verification of identity and prevention of fraud in financial transactions, including replacement of share certificates
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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