The Affidavit of Non Use is a crucial legal document in the Netherlands used when formal declaration of non-use is required for official or legal purposes. This document type is commonly utilized in situations involving trademark abandonment, property disuse, or cessation of business activities. The affidavit must conform to Dutch legal standards, particularly the requirements set forth in the Civil Code (Burgerlijk Wetboek) and the Notaries Act (Wet op het notarisambt). The document typically includes detailed identification of the declarant, specific information about the subject matter not being used, the period of non-use, and must be properly notarized to have legal effect. It serves as crucial evidence in legal proceedings, administrative matters, and business transactions where proof of non-use is required.
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1. Title and Introduction: Formal title 'AFFIDAVIT OF NON USE' and introductory statement identifying the document type and jurisdiction (Netherlands)
2. Declarant Information: Full legal name, address, and capacity of the person making the declaration
3. Oath Statement: Formal statement confirming that the declaration is made under oath and subject to penalties of perjury under Dutch law
4. Subject Matter: Clear identification of the item, property, trademark, or subject matter that is not being used
5. Declaration of Non Use: Specific, detailed statement about the non-use, including relevant time periods and circumstances
6. Verification: Statement confirming the truth and accuracy of the declared information
7. Execution Block: Space for signature, date, and notary authentication
1. Supporting Facts: Additional factual information supporting the non-use declaration, used when complex circumstances need explanation
2. Period of Non Use: Specific section detailing the exact timeframe of non-use, included when timing is particularly relevant
3. Legal Authority: Section establishing the declarant's legal authority to make the statement, used when declaring on behalf of an organization
4. Prior Usage History: Information about any previous usage, included when relevant to establishing the context of current non-use
5. Future Intentions: Statement about intended future use or non-use, included when relevant to the purpose of the affidavit
1. Documentation Evidence: Copies of relevant documents supporting the non-use declaration
2. Identity Verification: Copies of identification documents of the declarant
3. Authorization Documents: Power of attorney or other authorization documents when declaration is made on behalf of another party
4. Related Correspondence: Copies of any relevant correspondence or notices related to the non-use
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