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An Affidavit and Indemnity Agreement combines two powerful legal tools commonly used in Philippine business transactions. It pairs a sworn statement (affidavit) with a promise to protect against losses (indemnity), creating a single document that both certifies facts and provides financial protection.

Banks, insurance companies, and property developers in the Philippines often require these agreements when handling lost documents, title transfers, or disputed transactions. For example, if you've lost your original land title, you might need to sign this agreement - swearing to the loss while promising to cover any costs if the old title causes problems later. The agreement must be notarized under Philippine law to be legally binding.

You need an Affidavit and Indemnity Agreement when dealing with lost, damaged, or missing important documents in the Philippines. Common situations include misplaced stock certificates, destroyed land titles, missing insurance policies, or lost bank certificates of deposit. The agreement protects both parties during the document replacement process.

Many Philippine banks and financial institutions require this agreement before issuing duplicate documents or releasing funds. For example, if you've lost your original certificate of time deposit, the bank needs your sworn statement about the loss and your promise to cover any damages if someone tries to use the lost certificate. Using this agreement helps prevent fraud while giving institutions the security they need to process your request.

• Basic Lost Document Agreement: Used for standard missing document cases, typically with banks and requires only basic indemnity coverage and a simple sworn statement
• Corporate Securities Version: Contains additional clauses for lost stock certificates or corporate bonds, requiring board resolution approval and stronger indemnity terms
• Property Title Variant: Specifically designed for lost land titles or property documents, including details about property description and chain of ownership
• Banking Instrument Type: Used for lost checks, certificates of deposit, or other financial instruments, with specific provisions for banking regulations
• Insurance Policy Version: Tailored for lost insurance documents, incorporating specific declarations about policy details and beneficiary information

• Document Owners: Individuals or companies who have lost original documents and need replacements from banks, government offices, or corporations
• Financial Institutions: Banks, credit unions, and investment firms that require these agreements before issuing duplicate certificates or releasing funds
• Corporate Secretaries: Handle preparation and processing when dealing with lost stock certificates or company documents
• Notary Public: Authenticates signatures and witnesses the sworn statements, making the agreement legally binding under Philippine law
• Legal Counsel: Reviews and customizes agreement terms to protect their client's interests and ensure compliance with local regulations

• Document Details: Gather complete information about the lost document including reference numbers, dates, and exact document type
• Loss Circumstances: Document when and how the original was lost, destroyed, or misplaced - be specific and truthful
• Identity Proof: Prepare valid government IDs and supporting documents proving your right to the lost document
• Institution Requirements: Check specific format requirements from the bank or institution issuing the replacement
• Notarization Setup: Schedule an appointment with a Philippine notary public who will witness your sworn statement
• Digital Drafting: Use our platform to generate a legally-sound agreement that meets all Philippine legal requirements

• Title and Parties: Full legal names and addresses of all parties involved, including the institution issuing the replacement document
• Sworn Statement: Detailed description of the lost document and circumstances of loss under oath
• Indemnity Clause: Clear promise to protect the institution against any claims or damages related to the lost document
• Document Details: Specific information about the lost item (serial numbers, dates, amounts, reference numbers)
• Governing Law: Explicit statement that Philippine law governs the agreement
• Notarial Section: Space for notary public's acknowledgment and seal as required by Philippine law
• Signature Block: Dated signatures of all parties with proper witness attestation

An Affidavit and Indemnity Agreement differs significantly from a simple Affidavit of Loss in both scope and legal protection. While both documents deal with lost items, they serve different purposes in Philippine legal practice.

• Legal Protection: An Affidavit and Indemnity Agreement provides two-way protection - it includes both a sworn statement and a promise to compensate for potential damages. An Affidavit of Loss only declares the loss.
• Document Usage: Banks and financial institutions typically require the combined agreement for high-value items like stock certificates or property titles. A simple Affidavit of Loss usually suffices for lower-value items like ID cards or receipts.
• Legal Requirements: The combined agreement needs more extensive documentation and often requires corporate approval or board resolutions. An Affidavit of Loss can usually be executed with just notarization.
• Enforcement Scope: The indemnity portion creates ongoing obligations to protect the issuing institution, while an Affidavit of Loss simply documents a point-in-time declaration.