If you have lost or misplaced your share certificates or if it is torn or destroyed for some reason, then you have to apply to the company or its RTA for issue of duplicate share certificates. (RTA is Registrar and Share Transfer Agent)
For the issue of such duplicate certificates, the company will require some documents from the shareholder. One of such documents is an affidavit wherein you declare and confirm under oath that you have genuinely lost or misplaced the share certificates or it is torn or destroyed.
Affidavit must be signed by the sole shareholder or all joint shareholders registered under the folio. The signature(s) of the holder(s) on the affidavit must be affirmed before the Magistrate or Notary Public. Date of execution and attestation should be present on the affidavit.
Affidavit must be executed on non-judicial stamp paper/ franked/ special adhesive stamps affixed for an amount as applicable under the stamp Act of the respective states.
Here is a template of such an affidavit for issue of duplicate share certificate / debenture / bonds.
SAMPLE
AFFIDAVIT
I/We, (Name of the Shareholder), age ... years, son/ daughter/ husband of (Name) and (Name of the Shareholder), age ... years, son/ daughter/ husband of (Name), presently residing at (communication address) do hereby solemnly affirm and declare as under:
1. That I/we am/are the registered sole/joint-holder of ...... number of equity shares/ debentures bonds/units (hereinafter referred to as "securities") in (Name of the Company) as per the details given hereunder:
Folio No. | Share Certificate No. | Distinctive No. | No. of Shares
............... | .................................. | ........................ | ......................
............... | .................................. | ........................ | ......................
2. That the aforesaid securities were acquired by me/us for valuable consideration out of my/our own investment/ funds against allotment in Public Issue / allotment in Right Issue or acquired from the market in the year(s) .............
3. That I/we have not pledged or mortgaged the original certificate(s) by way of security or collateral or otherwise have not sold or disposed off the aforesaid securities to any person.
4. That I/we have genuinely lost/ misplaced/ accidentally destroyed the original certificates of the aforesaid securities and the same is/are not traceable even after diligent search by me/us.
5. That the stop transfer instructions given by me/us are not on the grounds of the non-payment by my/our Broker/Sub-broker.
6. That if I/we find any or all of the original certificate(s) of the aforesaid securities at any time in the future, I/we shall immediately handover the same to the company.
7. That I/we am/are solely responsible for any future liabilities in respect of the aforesaid securities.
8. That I/We have already executed Indemnity Bond for issue of the duplicate share certificate(s) in lieu of the original share certificate(s) for the aforesaid securities held by me/us.
9. This Affidavit is executed in favour of (Name of the Company) on my/our own volition and is in the form as required by the said company/ its agent forwarded to me/us vide its letter no. ............ dated .............
10. That I/We, therefore, request the (Name of the Company) to issue duplicate share certificate(s) in lieu of the original share certificate(s) for the aforesaid securities.
signature
DEPONENT
signature
DEPONENT
VERIFICATION
I/We, (Name of the Shareholder), age ... years, son/ daughter/ husband of (Name) and (Name of the Shareholder), age ... years, son/ daughter/ husband of (Name), resident of (address) do hereby confirm that the statements made in the above affidavit are true and correct to the best of my/our knowledge and belief and nothing has been concealed therefrom.
Solemnly declared and affirmed at ................. on this ...th day of (Month), 20xx.
signature
DEPONENT
signature
DEPONENT
signature
Before the Executive
Magistrate or Notary Public
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