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An Affidavit and Indemnity Agreement combines two powerful legal tools commonly used in UAE business transactions. The affidavit portion serves as a sworn statement of facts, while the indemnity component protects one party from potential losses or damages related to those facts.

In UAE courts and business dealings, these agreements often come into play during property transfers, corporate restructuring, or when replacing lost documents. They're particularly important under UAE Civil Code provisions, as they create a legally binding shield that holds up in local courts while meeting Sharia compliance requirements. Banks, real estate developers, and large corporations frequently rely on these agreements to manage risk and establish clear accountability.

You need an Affidavit and Indemnity Agreement when handling high-stakes situations involving lost documents, property transfers, or complex business deals in the UAE. For example, if you've lost share certificates, need to complete an urgent property sale without all original documents, or must protect your company during a major asset transfer.

These agreements are essential when dealing with UAE banks, government entities, or free zone authorities who require extra assurance. They're particularly valuable in scenarios where you need to move forward with a transaction but face documentation gaps, or when you must provide comprehensive protection to other parties under UAE Civil Code requirements. Many UAE businesses use them during corporate restructuring or when replacing important commercial documents.

• Basic Document Loss: The simplest form used in UAE for lost certificates, titles, or important papers - includes a sworn statement about the loss and protection for the issuing party
• Corporate Transaction: More complex version used during mergers, acquisitions, or restructuring - covers multiple assets and extensive indemnification clauses
• Real Estate Transfer: Specifically tailored for property transactions in UAE, addressing title issues and protecting buyers, sellers, and financial institutions
• Banking and Finance: Used with UAE banks for lost financial instruments, including detailed provisions about replacement documents and liability protection
• Free Zone Special Purpose: Customized for UAE free zone operations, incorporating specific free zone regulations and requirements

• Corporate Legal Teams: Draft and review Affidavit and Indemnity Agreements to protect company interests during major transactions or document replacements
• Banks and Financial Institutions: Require these agreements when issuing replacement documents or handling significant asset transfers
• Property Developers: Use them in real estate transactions to manage title-related risks and protect all parties involved
• Free Zone Authorities: Request these agreements for company registration changes or lost license scenarios
• External Legal Counsel: Advise on agreement structure and ensure compliance with UAE Civil Code and local regulations
• Company Directors: Sign as authorized representatives, taking on personal responsibility for stated facts

• Document Details: Gather precise information about lost documents, including reference numbers, dates, and issuing authorities
• Party Information: Collect complete legal names, Emirates ID numbers, and contact details for all involved parties
• Asset Description: Prepare detailed descriptions of any property, shares, or assets involved in the transaction
• Supporting Evidence: Compile police reports, original document copies, or other proof of loss or ownership
• Signing Authority: Confirm proper authorization levels for corporate signatories under UAE law
• Witness Requirements: Arrange for qualified witnesses as required by UAE Civil Code
• Notarization Plan: Schedule appointment with a UAE-licensed notary public for document authentication

• Opening Declaration: Clear statement of facts under oath, including date and place of execution in UAE
• Party Details: Full legal names, Emirates ID numbers, and addresses of all parties involved
• Subject Matter: Detailed description of documents, assets, or circumstances covered by the agreement
• Indemnification Scope: Specific protection terms and liability coverage under UAE Civil Code
• Duration Clause: Clear timeline for the agreement's validity and enforcement period
• Governing Law: Explicit reference to UAE law and relevant jurisdictional provisions
• Attestation Block: Notarization requirements and witness signatures as per UAE regulations
• Execution Details: Proper signature blocks with dates and official company stamps

An Affidavit and Indemnity Agreement differs significantly from a simple Indemnity Agreement in the UAE legal framework. While both documents deal with protection and liability, they serve distinct purposes and have different legal weights.

• Sworn Statement Component: Affidavit and Indemnity Agreements include a sworn declaration of facts before UAE authorities, while regular Indemnity Agreements don't require this formal attestation
• Legal Enforcement: The affidavit portion makes false statements criminally punishable under UAE law, adding an extra layer of accountability
• Document Usage: Affidavit and Indemnity Agreements are typically used for lost document replacements or high-stakes transactions, while standard Indemnity Agreements cover broader business risks
• Notarization Requirements: The combined agreement must be notarized in the UAE, unlike basic Indemnity Agreements which often don't require this step