An Affidavit of Lost Stock Certificate is a crucial legal document required when a shareholder needs to replace a lost, stolen, or destroyed share certificate in South Africa. This document is necessary to protect both the shareholder's interests and the company's liability under the Companies Act 71 of 2008. The affidavit must be sworn before a Commissioner of Oaths and typically includes details of the lost certificate, circumstances of its loss, confirmation that it hasn't been transferred or pledged, and an indemnity protecting the company against potential claims. It's commonly used by both public and private companies and forms part of the standard procedure for replacing share certificates. The document must comply with South African legal requirements and is often accompanied by additional security measures for high-value shareholdings.
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1. Deponent Details: Full legal name, ID number, and address of the person making the affidavit
2. Share Certificate Details: Specific details of the lost certificate including certificate number, number of shares, class of shares, and registered holder details
3. Company Details: Full registered name, registration number, and address of the company that issued the shares
4. Circumstances of Loss: Detailed explanation of how and when the certificate was lost or destroyed
5. Search Statement: Declaration of efforts made to locate the certificate
6. Non-Transfer Declaration: Statement that the certificate has not been sold, transferred, pledged or otherwise disposed of
7. Indemnity Statement: Commitment to indemnify the company against any claims arising from the issuance of a replacement certificate
8. Request for Replacement: Formal request for the company to issue a replacement certificate
9. Truth Declaration: Standard affidavit declaration that the contents are true and correct
10. Signature Block: Space for deponent's signature and commissioner of oaths details
1. Additional Security Measures: Description of any additional security measures agreed with the company (used when high-value shares are involved)
2. Multiple Certificate Declaration: Additional details when multiple certificates are lost simultaneously
3. Beneficial Ownership Declaration: Required when the registered holder is different from the beneficial owner
4. Police Report Reference: Details of police report if one was filed for the lost certificate
5. Previous Loss History: Declaration of any previous instances of lost certificates (if required by company policy)
1. Copy of Share Certificate: If available, a copy of the lost share certificate from company records
2. Identity Document: Certified copy of the deponent's identity document
3. Police Report: Copy of police report if one was filed (optional)
4. Supporting Correspondence: Any relevant correspondence with the company regarding the lost certificate
5. Search Evidence: Documentation of efforts made to locate the certificate
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