An Affidavit of Lost Stock Certificate is a crucial legal document used when a shareholder has lost or misplaced their original stock certificate and needs a replacement. Under Irish law, this affidavit serves as a formal declaration made under oath, providing legal protection for both the issuing company and the shareholder. The document must comply with Irish legislation, particularly the Companies Act 2014 and the Statutory Declarations Act 1938. It includes detailed information about the lost certificate, circumstances of its loss, confirmation that it hasn't been transferred or pledged, and typically includes an indemnification clause protecting the company against potential claims. This document is particularly important in Ireland's corporate governance framework, where physical share certificates still hold significant legal weight in proving share ownership.
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1. Title and Jurisdiction: Specifies the document type as an Affidavit and the jurisdiction (Ireland)
2. Deponent Information: Full legal name, address, and occupation of the person making the affidavit
3. Company Information: Legal name of the company that issued the stock certificate, its registered address, and company registration number
4. Certificate Details: Specific details of the lost certificate including certificate number, number of shares, class of shares, and date of issuance
5. Loss Declaration: Statement describing how and when the certificate was lost or destroyed
6. Search Statement: Description of efforts made to locate the lost certificate
7. Non-Transfer Declaration: Statement confirming the certificate has not been sold, pledged, or transferred to any other person
8. Indemnification: Deponent's agreement 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. Verification Statement: Standard statutory declaration statement confirming the truth of the contents
11. Execution Block: Space for signature, witness details, and notary/commissioner for oaths authentication
1. Previous Communications: Include when there have been prior communications with the company about the lost certificate
2. Additional Security Measures: Include when the company requires specific additional security undertakings for high-value certificates
3. Broker Statement: Include when the shares are held through a broker who needs to confirm the loss
4. Joint Holder Declaration: Include when the certificate was jointly held with another person
5. Police Report Reference: Include when a police report has been filed for the lost certificate
1. Copy of Lost Certificate: If available, a copy or record of the lost certificate
2. Search Evidence: Documentation of searches conducted to locate the certificate
3. Identification Documents: Certified copies of deponent's identification documents
4. Police Report: Copy of police report if one was filed
5. Company Communications: Copies of any relevant correspondence with the company regarding the lost certificate
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