An Affidavit of Lost Stock Certificate is a crucial document in Belgian corporate law used when a shareholder needs to formally declare the loss, theft, or destruction of their stock certificate. This document is essential for initiating the replacement process while protecting both the shareholder's interests and the issuing company's liability. Under Belgian law, the affidavit must include specific details about the lost certificate, circumstances of its loss, and a clear indemnification clause. The document serves multiple purposes: it provides legal protection for the company issuing a replacement certificate, establishes the shareholder's continued ownership rights, and creates a formal record of the loss. The affidavit must comply with the Belgian Companies and Associations Code and typically requires notarization to be legally valid.
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1. Title and Declaration: Formal title of the document and opening declaration stating this is an affidavit under Belgian law
2. Declarant Information: Full legal name, address, and identification details of the person making the affidavit
3. Company Information: Details of the company that issued the original stock certificate, including registration number and registered office
4. Certificate Details: Specific information about the lost certificate including certificate number, number of shares, class of shares, and date of issuance
5. Circumstances of Loss: Detailed explanation of how and when the certificate was lost or destroyed
6. Search Efforts: Description of efforts made to locate the lost certificate
7. Ownership Verification: Statement confirming rightful ownership and that the certificate was not sold, assigned, or transferred
8. Indemnification: Declarant's commitment to indemnify the company against any claims arising from the issuance of a replacement certificate
9. Request for Replacement: Formal request for the issuance of a replacement certificate
10. Sworn Statement: Final sworn statement affirming the truth of all declarations made
11. Execution: Space for signature, date, and notary attestation
1. Previous Communications: Section detailing any previous correspondence with the company regarding the lost certificate, included when there has been prior communication
2. Additional Security Measures: Section specifying additional security requirements requested by the company, included when required by company policy
3. Witness Statement: Statements from witnesses who can verify the circumstances of loss, included when witnesses are available
4. Police Report Reference: Details of police report if filed, included in cases of theft or suspected theft
5. Beneficial Ownership Declaration: Declaration of beneficial ownership details, included when shares are held in trust or through a nominee
1. Appendix A - Supporting Documents: Copies of documents proving ownership such as purchase records, dividend statements, or previous correspondence
2. Appendix B - Identification Documents: Certified copies of declarant's identification documents
3. Appendix C - Search Documentation: Evidence of attempts to locate the certificate, including correspondence and search records
4. Appendix D - Insurance Documentation: Any relevant insurance claims or policies related to the lost certificate
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