Lost Stock Certificate
If you lose your stock certificate, you still own the shares that you have made but in order to replace it, you must contact the company itself.
If you have a Lost Stock Certificate, you will need the affidavit. Filling out the affidavit of a lost stock certificate is relatively easy. What you need is to obtain the physical form after that, all you will need to do is fill it out. It will usually and generally contain the following:
- The state you are in
- The county
- Your name, swearing an oath that states your . . .
- Address or place of residence
- The description of the stock
- The owner of the stock
Within the legal written document, the terms of loss of stock certificate will be stated such as your efforts to relocate your certificate and a guarantee that you have lost it, and that no person, company, or security is to blame.
It also states that the affidavit is made solely for the purpose of the issuance of a new stock certificate in exchange for the one certificate that has been lost, destroyed, or stolen and that the original cannot be surrendered back to the company.
It finally states that the issued duplicate will be registered, countersigned, and that if the original certificate of stock is found, it is to be surrendered to the company
It will then be signed with the owner of the stock’s name, the date it was signed, and the signature of the notary public.
Lost Stock Certificate
Lost Stock Certificate, Affidavit of
State of _______________
County of _____________
___________________, being first duly sworn on oath deposes and says that ___ is an adult and resides at _____________________.
1. The certificate(s) representing the following described shares of stock has been lost,
stolen or destroyed: ____________________________.
Registered owner’s exact name as it appears on the original certificate:
Issuer’s name:
Number of shares:
2. The above-described stock is solely owned by ________________.
3. That Affiant has made or caused to be made a diligent search for said securities and
has been unable to find or recover same. Neither said securities nor any interest therein has been sold, assigned, endorsed, pawned, pledged for any bank or brokerage loan or otherwise, or disposed of in any manner by or on behalf of said owner. Neither said owner nor anyone on said owner’s behalf has signed any power of attorney, any stock power, or other assignment or authorization respecting the same which is now outstanding and in force. No person, firm or corporation has any right, title, claim, equity, or interest in, to, or respecting said securities, excepting the sole owner above named.
4. That this affidavit is made for the purpose of inducing the issuance of a new or duplicate certificate in substitution of or in exchange for said lost, stolen or destroyed certificate without requiring the surrender of the original, or the payment, delivery, exchange, or credit in respect of such original without such surrender, and/or inducing to issue an indemnity bond.
5. If such new or duplicate certificate(s) is so issued, countersigned and registered, or such payment, delivery, exchange or credit is made in respect of such original(s), then it is understood and Affiant hereby agrees that if said lost certificate comes into Affiant’s control or custody, the recovered stock certificate will be delivered to the issuer or, at issuer’s request, to issuer’s Transfer Agent, for the purpose of cancellation.
_____________________
Owner of Stock
Acknowledgment: Subscribed and sworn to before me this __day of ______, 20______.
__________________
Notary Public
My commission expires:
Frequently Asked Questions
What is a lost stock certificate affidavit?
A lost stock certificate affidavit is a sworn statement used when a stock certificate has been lost, stolen, or destroyed. It documents the details of the lost certificate, including the registered owner's name, the issuer's name, and the number of shares. The affidavit also confirms that the owner has made a diligent search for the certificate and that no other person or entity has a claim to it.
When should I use a lost stock certificate affidavit?
You should use this affidavit when a stock certificate representing shares you own has been lost, stolen, or destroyed. It is typically required by the issuing company or its transfer agent before they will issue a replacement certificate. The affidavit serves as a formal declaration of the loss and helps protect the issuer from potential claims.
What information is required in a lost stock certificate affidavit?
The affidavit requires details such as the registered owner's exact name as it appears on the original certificate, the issuer's name, and the number of shares represented by the lost certificate. It also asks for the affiant's name, age, and residence. Additionally, the affiant must state that the stock is solely owned by the specified owner and that a diligent search has been made.
Who can sign a lost stock certificate affidavit?
The affidavit must be signed by the registered owner of the stock or someone acting on their behalf. The affiant must be an adult and must swear under oath that the information provided is true. The affidavit is typically notarized to verify the affiant's identity and signature.
What does 'diligent search' mean in a lost stock certificate affidavit?
In the context of a lost stock certificate affidavit, a diligent search means that the affiant has made a thorough and earnest effort to locate the missing certificate. The affidavit states that the affiant has made or caused to be made a diligent search and has been unable to find or recover the securities. This declaration is important to demonstrate that the certificate is truly lost and not simply misplaced.
What happens if I find the lost stock certificate after signing the affidavit?
If you find the lost stock certificate after signing the affidavit, you should notify the issuer or transfer agent immediately. The affidavit typically includes a statement that the securities have not been sold, assigned, or otherwise disposed of, and that no other person has a claim to them. If the certificate is found, you may need to return it to the issuer or take other steps as directed.
Do I need a lawyer to prepare a lost stock certificate affidavit?
While you can prepare a lost stock certificate affidavit yourself, it is often advisable to consult a lawyer to ensure it complies with applicable laws and the issuer's requirements. The affidavit is a legal document, and errors or omissions could delay the replacement process. A lawyer can also help you understand any additional steps required by the issuer.
Is a lost stock certificate affidavit legally binding?
Yes, a lost stock certificate affidavit is a sworn statement made under oath, so it is legally binding. If you make false statements in the affidavit, you could be subject to penalties for perjury. The affidavit is used to protect the issuer and to facilitate the replacement of the lost certificate.
What should I do if my stock certificate is stolen?
If your stock certificate is stolen, you should report the theft to the police and notify the issuer or transfer agent immediately. You will likely need to complete a lost stock certificate affidavit, stating that the certificate has been stolen. The affidavit also confirms that you have not sold or pledged the securities and that no one else has a claim to them.
Can I use a lost stock certificate affidavit for any type of stock?
A lost stock certificate affidavit can generally be used for any type of stock certificate that has been lost, stolen, or destroyed. However, the specific requirements may vary depending on the issuer and the applicable laws. It is best to check with the issuer or a legal professional to ensure the affidavit meets their needs.
