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Lost Affidavit for Switzerland

Lost Affidavit Template for Switzerland

A Lost Affidavit under Swiss law is a formal sworn declaration documenting the loss of important documents, securities, or items. This legal instrument, governed by the Swiss Code of Obligations and related federal legislation, serves as an official statement detailing the circumstances of the loss, the description of the lost item, and the declarant's assertions regarding ownership and search efforts. The document requires notarization and must comply with specific cantonal and federal requirements for sworn statements, including proper identification of the declarant and detailed documentation of the loss circumstances.

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What is a Lost Affidavit?

A Lost Affidavit is a crucial legal document used in Switzerland when an individual or organization needs to formally declare the loss of important documents, securities, or items. This sworn statement, governed by Swiss federal and cantonal laws, serves as an official record and is often required by institutions for issuing replacements or protecting the declarant's rights. The Lost Affidavit must include specific details about the lost item, circumstances of the loss, search efforts undertaken, and declarations regarding ownership and non-transfer. It requires notarization and may be used in various contexts, from replacing lost bank documents to supporting insurance claims. The document must comply with Swiss legal requirements for sworn statements and may need to be accompanied by supporting documentation such as identification documents or police reports.

What sections should be included in a Lost Affidavit?

1. Declaration Header: Formal title and jurisdiction information, including the canton and date

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

3. Item Description: Detailed description of the lost item or document, including any identifying numbers, dates, or distinctive features

4. Circumstances of Loss: Detailed account of when, where, and how the item was lost or discovered to be missing

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

6. Prior Possession: Statement confirming rightful ownership or possession of the lost item

7. Non-Transfer Declaration: Statement that the item has not been sold, transferred, or pledged to another party

8. Indemnification: Declaration to indemnify against any claims arising from the issuance of replacement document/item

9. Attestation: Formal statement of truth and signature block with notarization requirements

What sections are optional to include in a Lost Affidavit?

1. Police Report Reference: Include when a police report has been filed regarding the loss

2. Previous Usage History: Include when the lost item is a financial instrument or document with transaction history

3. Replacement Request: Include when specifically requesting issuance of a replacement document

4. Witness Statement: Include when there are witnesses to the loss or to prior possession

5. Insurance Claim Declaration: Include when insurance claims have been or will be made regarding the loss

What schedules should be included in a Lost Affidavit?

1. Copy of Identification: Certified copy of declarant's official identification document

2. Supporting Documents: Copies of any relevant documentation proving prior ownership or existence of the lost item

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

4. Search Documentation: Evidence of attempts to locate the lost item (if applicable)

5. Original Purchase Documentation: Copies of purchase receipts or documentation if available

Authors

Alex Denne

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

Jurisdiction

Switzerland

Publisher

Ƶ

Document Type

Affidavit

Cost

Free to use
Relevant legal definitions

























Clauses


















Relevant Industries

Financial Services

Banking

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Relevant Roles

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Compliance Officer

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