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Affidavit Of Lost Instrument

Affidavit Of Lost Instrument Generator for the USA

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Affidavit Of Lost Instrument

"I need to draft an Affidavit of Lost Instrument for a misplaced corporate bond certificate (value $50,000) issued by ABC Corporation, which was discovered missing during our January 2025 audit, and we need this document to request a replacement from the issuing bank."

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Document background
The Affidavit of Lost Instrument is essential when any important financial or legal document has been lost, stolen, or destroyed. This document is commonly used when seeking replacement of negotiable instruments such as checks, bonds, stock certificates, or other valuable papers. The affidavit must comply with both federal and state requirements, including the Uniform Commercial Code Article 3-309. It serves as protection for both the issuing institution and the rightful owner, containing specific details about the lost instrument, circumstances of its loss, and indemnification provisions. This sworn statement is particularly crucial in preventing unauthorized use of the lost instrument while enabling the legitimate owner to obtain a replacement.
Suggested Sections

1. Header and Title: Identifying information including state/county jurisdiction

2. Affiant Information: Full legal name and address of person making the affidavit

3. Instrument Details: Specific information about the lost instrument (type, date, amount, number)

4. Circumstances of Loss: Detailed explanation of how the instrument was lost/destroyed

5. Ownership Declaration: Statement confirming rightful ownership of the instrument

6. Non-Transfer Declaration: Statement that instrument hasn't been sold, assigned, or transferred

7. Indemnification: Promise to protect issuer against claims related to original instrument

8. Verification: Statement of truth under penalty of perjury

Optional Sections

1. Header and Title: Identifying information including state/county jurisdiction

2. Affiant Information: Full legal name and address of person making the affidavit

3. Instrument Details: Specific information about the lost instrument (type, date, amount, number)

4. Circumstances of Loss: Detailed explanation of how the instrument was lost/destroyed

5. Ownership Declaration: Statement confirming rightful ownership of the instrument

6. Non-Transfer Declaration: Statement that instrument hasn't been sold, assigned, or transferred

7. Indemnification: Promise to protect issuer against claims related to original instrument

8. Verification: Statement of truth under penalty of perjury

Suggested Schedules

1. Copy of Original Instrument: If available, photocopy or image of the lost instrument

2. Supporting Documentation: Any relevant proof of ownership or transaction records

3. Police Report: If instrument was stolen or lost through crime, include police report documentation

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Clauses




















Industries

Uniform Commercial Code (UCC): Primary legislation governing negotiable instruments, particularly Article 3 (Negotiable Instruments), Article 3-309 (Enforcement of Lost, Destroyed, or Stolen Instruments), and Article 3-312 (Lost, Destroyed, or Stolen Cashier's Checks, Teller's Checks, or Certified Checks)

State-Specific Notary Laws: Laws governing notarization requirements, including proper witnessing and authentication procedures specific to each state

Statute of Frauds: Legal principle requiring written documentation of certain agreements and proof of ownership and existence of the original instrument

State-Specific Affidavit Requirements: State laws governing format requirements, required declarations under penalty of perjury, and specific language requirements for affidavits

Federal Rules of Evidence: Rules governing the admissibility of evidence in court, including authentication requirements for documents

Banking Regulations: Federal Reserve regulations, state banking laws, and financial institution-specific requirements applicable to lost instruments

Statute of Limitations: Time limits for making claims on lost instruments and state-specific limitation periods for legal actions

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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