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Affidavit of Loss
I need an affidavit of loss to declare the loss of my Malaysian identification card, including details of when and where it was last seen, and a statement affirming that I have not used it since its loss.
What is an Affidavit of Loss?
An Affidavit of Loss is a sworn legal statement that helps you formally declare the loss, theft, or destruction of an important document or item in Malaysia. When you've misplaced crucial papers like share certificates, official receipts, land titles, or identification documents, this affidavit provides legal protection and helps you request replacements.
Malaysian law requires these declarations to be signed in front of a Commissioner for Oaths, who verifies your identity and the truthfulness of your statement. Banks, government agencies, and companies typically need this affidavit before they'll issue new copies of lost documents, making it an essential tool for protecting your interests and maintaining proper documentation.
When should you use an Affidavit of Loss?
You need an Affidavit of Loss immediately when important documents go missing in Malaysia. Common triggers include losing your passport, identity card, share certificates, land titles, academic certificates, or company registration documents. Filing this affidavit quickly helps prevent unauthorized use of your lost documents and starts the replacement process.
Banks and government agencies require this sworn statement before issuing replacements or processing related transactions. For example, if you've lost property documents, you'll need the affidavit to get new copies from the land office. Similarly, losing company documents means filing an affidavit before the Companies Commission of Malaysia will provide duplicates.
What are the different types of Affidavit of Loss?
- Lost Personal Documents: Used for missing identification cards, passports, birth certificates, or marriage certificates - requires detailed description of the lost item and circumstances
- Corporate Document Loss: Covers missing company licenses, certificates of incorporation, or business permits - includes company details and director authorization
- Property Document Loss: Specific to missing land titles, property deeds, or sale agreements - must detail property information and ownership proof
- Financial Document Loss: For lost bank documents, share certificates, or insurance policies - needs account details and transaction history
- Academic Document Loss: Used for missing diplomas, transcripts, or professional certifications - requires institution details and completion dates
Who should typically use an Affidavit of Loss?
- Individual Citizens: File affidavits when personal documents like IC, passports, or certificates are lost
- Company Directors: Submit declarations for missing corporate documents, share certificates, or business licenses
- Commissioners for Oaths: Verify identities and witness the signing of affidavits, making them legally valid
- Government Agencies: Accept and process affidavits for replacement document requests
- Legal Practitioners: Draft and advise clients on proper affidavit content and submission
- Financial Institutions: Require affidavits before replacing lost banking or investment documents
How do you write an Affidavit of Loss?
- Document Details: Gather exact information about the lost item including serial numbers, dates issued, and issuing authority
- Loss Circumstances: Document when, where, and how the item was lost or destroyed
- Personal Information: Prepare your full name, IC number, current address, and contact details
- Supporting Documents: Collect police reports, original receipts, or photocopies of lost documents if available
- Commissioner Details: Locate a nearby Commissioner for Oaths for witnessing
- Platform Use: Our system generates legally-sound affidavits customized to your situation, ensuring all required elements are included
What should be included in an Affidavit of Loss?
- Title Declaration: Clear statement that this is an Affidavit of Loss under Malaysian law
- Deponent Details: Full name, IC number, occupation, and address of person making the declaration
- Property Description: Detailed description of lost item including serial numbers and identifying features
- Loss Statement: Specific circumstances of loss including date, location, and efforts to locate
- Legal Declaration: Sworn statement confirming truth of contents under penalty of perjury
- Verification Block: Commissioner for Oaths attestation section with official seal space
- Supporting Exhibits: Referenced documents like police reports or original receipts
What's the difference between an Affidavit of Loss and an Affidavit?
An Affidavit of Loss differs significantly from a standard Affidavit in several key ways. While both are sworn statements, they serve distinct purposes in Malaysian legal practice.
- Purpose and Scope: An Affidavit of Loss specifically declares the loss of a document or item, while a general Affidavit can cover any factual statement under oath
- Content Requirements: Affidavit of Loss must detail the lost item's specifics and circumstances of loss, whereas general Affidavits can contain any truthful declaration
- Usage Context: Affidavit of Loss is primarily used for replacement document requests, while general Affidavits serve broader legal proceedings
- Processing Authority: Affidavit of Loss typically requires submission to specific agencies for replacement documents, while general Affidavits may be used in various legal settings
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