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Business Records Affidavit for Germany

Business Records Affidavit Template for Germany

A Business Records Affidavit under German law (eidesstattliche Versicherung über Geschäftsunterlagen) is a formal sworn statement that authenticates business records and confirms their maintenance in accordance with German commercial and regulatory requirements. The document, governed by the German Commercial Code (Handelsgesetzbuch) and related regulations, provides verification of the creation, maintenance, and accuracy of business records. It includes detailed declarations about record-keeping practices, compliance with German business documentation requirements, and statements about the authenticity and reliability of specific business records.

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What is a Business Records Affidavit?

A Business Records Affidavit is a crucial document in the German legal and business environment, used to formally authenticate business records and declare their proper maintenance. This document is particularly important in legal proceedings, regulatory compliance, audits, and business transactions where the authenticity and reliability of business records need to be established. It is commonly required during due diligence processes, legal disputes, regulatory investigations, or when presenting business records as evidence in court. The affidavit must comply with German legal requirements, including the Handelsgesetzbuch (HGB) and GoBD guidelines, and typically includes detailed statements about the creation, maintenance, and accuracy of business records. It serves as a formal declaration that the records were created and maintained in the regular course of business, following proper German business documentation standards.

What sections should be included in a Business Records Affidavit?

1. Affiant Identification: Details of the person making the affidavit, including full name, position, business address, and authority to make the declaration

2. Business Information: Information about the business entity, including legal name, registration details, and principal place of business

3. Record-Keeping Practices: Description of the business's regular practice in creating and maintaining business records, including compliance with HGB and GoBD requirements

4. Records Description: Specific identification and description of the business records that are the subject of the affidavit

5. Authenticity Declaration: Formal declaration that the records were made at or near the time of the described activities by persons with knowledge

6. Maintenance Declaration: Statement about how the records have been kept and preserved in the course of regularly conducted business activity

7. Compliance Statement: Declaration of compliance with relevant German laws and regulations regarding business record-keeping

8. Verification: Formal statement verifying that all declarations are true and correct to the best of the affiant's knowledge

What sections are optional to include in a Business Records Affidavit?

1. Electronic Records Statement: Additional declarations specific to electronic records and their maintenance, required when the affidavit concerns digital records

2. Translation Certification: Statement about the translation of records if the original documents are not in German

3. Chain of Custody: Description of how records have been transferred or maintained when there have been organizational changes or system migrations

4. Third-Party Systems: Details about third-party record-keeping systems or services if used by the business

5. Privacy Compliance: Additional statements regarding GDPR compliance when records contain personal data

What schedules should be included in a Business Records Affidavit?

1. Schedule A - Record Index: Detailed list and description of all business records covered by the affidavit

2. Schedule B - System Documentation: Technical documentation of record-keeping systems and procedures when electronic records are involved

3. Schedule C - Certification Documents: Copies of relevant certifications or qualifications of the affiant

4. Appendix 1 - Sample Records: Representative samples of the types of records being authenticated, if appropriate

5. Appendix 2 - Corporate Authorization: Documentation of the affiant's authority to make declarations on behalf of the business

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

Germany

Publisher

Ƶ

Document Type

Affidavit

Cost

Free to use
Relevant legal definitions








































Clauses
























Relevant Industries

Banking and Financial Services

Healthcare

Manufacturing

Retail

Technology

Transportation and Logistics

Professional Services

Insurance

Real Estate

Construction

Energy

Telecommunications

Pharmaceuticals

Education

Government Services

Relevant Teams

Legal

Compliance

Finance

Operations

Information Technology

Records Management

Quality Assurance

Administrative Services

Corporate Governance

Regulatory Affairs

Document Control

Archives

Relevant Roles

Records Manager

Corporate Secretary

Compliance Officer

Legal Counsel

Chief Financial Officer

Finance Director

Operations Manager

IT Director

Quality Assurance Manager

Document Control Manager

Archive Manager

Business Unit Director

Chief Operating Officer

Regulatory Affairs Manager

Administrative Director

Industries







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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