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An Affidavit and Indemnity Agreement combines two powerful legal tools under German civil law (BGB). It pairs a sworn statement of facts with a promise to protect another party from potential losses. Think of it as a legal safety net where you both declare something to be true and agree to cover any damages if that statement turns out to be incorrect.

German businesses often use these agreements when transferring property rights, handling lost documents, or managing inheritance matters. For example, if you've lost a stock certificate, you might sign this agreement to get a replacement - swearing the original is lost while promising to reimburse the company if someone else later shows up with the original document. The agreement must be notarized (beurkundet) to be legally binding under German law.

Use an Affidavit and Indemnity Agreement when you need to replace important lost documents in Germany, like share certificates, property deeds, or inheritance papers. It's particularly valuable during corporate restructuring, property transfers, or when settling estates where original documentation is missing or damaged.

German banks and financial institutions require these agreements before issuing replacement securities or transferring assets without original certificates. They're also essential when dealing with international transactions involving German entities, where documents need authentication across borders. The agreement protects all parties - the issuer gets legal protection through the indemnity clause, while the requester can move forward with their transaction despite missing paperwork.

• Simple Lost Document Agreement: Used for basic replacement of missing certificates or documents, requiring only a sworn statement and basic indemnity coverage
• Corporate Securities Affidavit: Features enhanced indemnity provisions specifically for lost stock certificates and corporate ownership documents
• Property Transfer Agreement: Includes detailed property descriptions and chain of title declarations, commonly used in real estate transactions
• Bank Security Agreement: Contains specific provisions required by German financial institutions for replacement of financial instruments
• International Trade Version: Includes multi-jurisdictional provisions and apostille requirements for cross-border transactions involving German entities

• Corporate Officers: Sign these agreements when requesting replacement share certificates or declaring lost company documents
• Banks and Financial Institutions: Require and process these agreements for lost securities or financial instruments
• Notaries (Notare): Authenticate and certify Affidavit and Indemnity Agreements under German law
• Legal Counsel: Draft and review agreements to ensure compliance with German civil code requirements
• Property Owners: Use these agreements when handling lost property documentation or title transfers
• Insurance Companies: Evaluate and underwrite the indemnity portions of these agreements

• Document Details: Gather exact information about the lost or missing document, including issue dates, reference numbers, and original issuer
• Identity Verification: Prepare official identification documents and proof of authority to make the declaration
• Loss Circumstances: Document detailed facts about how and when the original document was lost or destroyed
• Search Evidence: Compile records of attempts to locate the missing document
• Financial Coverage: Determine the indemnity amount needed based on potential claims
• Notary Appointment: Schedule a meeting with a German notary for official certification
• Translation Requirements: Arrange certified translations if documents involve international parties

• Declaration Section: Clear statement of facts under oath regarding the lost document or situation
• Indemnity Clause: Specific promise to compensate for potential losses, formatted according to BGB requirements
• Party Details: Full legal names, addresses, and roles of all involved parties
• Document Description: Precise details of the lost item, including serial numbers and issue dates
• Governing Law: Explicit reference to German law and jurisdiction
• Notarization Block: Space for official notary certification (Beurkundung)
• Liability Limits: Clear boundaries of financial responsibility and duration
• Signature Section: Formal execution blocks with witness provisions

An Affidavit and Indemnity Agreement differs significantly from a simple Affidavit in both scope and legal protection. While both documents involve sworn statements, their purposes and applications under German law vary considerably.

• Legal Protection: An Affidavit and Indemnity Agreement provides dual protection - it includes both a sworn statement and a promise to compensate for potential losses. A simple Affidavit only offers a sworn statement without financial protection.
• Usage Context: Affidavits are used for general sworn statements in court proceedings or administrative matters. The combined agreement is specifically designed for situations involving lost documents or property transfers where financial protection is needed.
• Enforceability: Under German law, the indemnity portion creates an additional binding financial obligation that isn't present in a basic Affidavit, making it more comprehensive for business transactions.
• Documentation Requirements: The combined agreement requires more extensive documentation, including proof of financial capacity to honor the indemnity commitment.