The Affidavit of Lost Stock Certificate is a crucial document in Philippine corporate practice, required when a stockholder needs to establish the fact of a lost or destroyed stock certificate and request its replacement. This document is mandated by the Revised Corporation Code of the Philippines and SEC regulations, serving as a protective measure for both the stockholder and the corporation. It contains detailed information about the lost certificate, circumstances of loss, and an indemnification clause. The affidavit must be notarized and is typically accompanied by supporting documents such as government IDs and proof of ownership. It's particularly important as it helps prevent unauthorized duplication of shares while providing a legal basis for issuing replacement certificates. The document is commonly used across various industries where share ownership is involved and requires careful preparation to ensure compliance with Philippine corporate law and SEC requirements.
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1. Title and Jurisdiction: Specifies the document type and jurisdiction (Philippines)
2. Affiant Information: Full legal name, address, and identification details of the person making the affidavit
3. Stock Certificate Details: Specific information about the lost certificate including certificate number, number of shares, class of shares, and corporation name
4. Ownership Verification: Statement confirming legitimate ownership of the shares and how they were acquired
5. Loss Circumstances: Detailed explanation of when, where, and how the certificate was lost or destroyed
6. Search Statement: Description of efforts made to locate the lost certificate
7. Non-Transfer Declaration: Statement that the certificate has not been sold, transferred, or pledged to any other person
8. Replacement Request: Formal request for the issuance of a replacement certificate
9. Indemnification: Statement indemnifying the corporation against any claims arising from the replacement of the lost certificate
10. Verification and Oath: Sworn statement confirming the truth of all declarations made in the affidavit
1. Witness Statement: Additional verification from a witness who can attest to the circumstances of the loss, used when there is a need for additional verification
2. Police Report Reference: Reference to a filed police report, included when the loss involved theft or was reported to authorities
3. Previous Transactions: Details of any previous transactions involving the shares, included when there is a complex ownership history
4. Corporate Secretary Acknowledgment: Space for acknowledgment by the corporate secretary, used when required by specific corporate bylaws
1. Copy of Government ID: Photocopy of affiant's valid government-issued identification
2. Supporting Documents: Copies of relevant documents proving ownership such as purchase agreements or inheritance documents
3. Police Report: Copy of police report if the loss was reported to authorities
4. Publication Notice: Copy of newspaper publication declaring the loss of certificate, if required by the corporation
5. Original Corporate Records: Copies of relevant corporate records showing the affiant's share ownership
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Banking
Investment Management
Real Estate
Manufacturing
Technology
Retail
Energy
Mining
Agriculture
Transportation
Telecommunications
Healthcare
Education
Professional Services
Relevant Teams
Legal
Corporate Secretariat
Compliance
Corporate Governance
Shareholder Services
Risk Management
Investment Relations
Corporate Affairs
Securities Administration
Relevant Roles
Corporate Secretary
Legal Counsel
Compliance Officer
Stock Transfer Agent
Corporate Governance Officer
Board Secretary
Legal Manager
Shareholder Relations Manager
Corporate Services Manager
Risk Management Officer
Investment Relations Officer
Corporate Legal Assistant
Securities Compliance Specialist
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