INTRODUCTION TO AFFIDAVIT
Derived its name from Latin, an affidavit is a self-declaratory statement made in writing on oath. Mentioned under section 3(3) of the General Clauses Act, 1897, “an affidavit shall include affirmation and declaration in the case of persons by law allowed to affirm or declare instead of swearing”. It is a written testimony of the person signing it (also called as the deponent/affiant), sworn before the person having authority (also called as the oath commissioner/notary) to orchestrate the oath, in other words, to scrutinize the authenticity of the contents. Although, the affidavit can be considered as an important document for proving the authenticity of the facts, however, it can be easily replaced by a statement of declaration.
WHO CAN MAKE AN AFFIDAVIT?
An affidavit can only be made by the persons who can depose to the facts of the case. It remains valid only when made voluntarily and without any constraint. An affidavit needs to be originally signed by the deponent in person, and no other person can sign it on his behalf. In the case of corporations, the secretary or director or principal officer can sign the document.
ADMINISTERING THE AFFIDAVIT
Oath Commissioner is the person who assists the members of the local community by administering an attested declaration from any person. It is the duty of the oath commissioner/notary to inspect the authenticity of the contents submitted by the deponent.
WHY IS IT REQUIRED?
An affidavit is required to prove in the court that information provided by the deponent is true.
It can also be used by an advocate so that his client does not have to attend the court proceeding.
It can also be used in the matters of family court and estate planning.
The term affidavit does not fall within the ambit of evidence mentioned under section 3 of the Indian Evidence Act, 1872 but, it can be considered as a shred of evidence only if the court finds it reasonable which means. Generally, it cannot be used as evidence until and unless the court has a reason to believe it, which was held in the case of Khandesh Spinning & Weaving Mill Co. Ltd., Jalgaon V. RashtriyaGirniKamgar Sangh, Jalgaon(CaseMine). Section 139 and Order XIX of Code of Civil Procedure,1908, and Order XI of the Supreme Court Rules further talks about laws concerning affidavit.
SUBMITTING INACCURATE AFFIDAVIT
Although affidavit is not admissible as evidence, until and unless required by the court, however, providing false information on the affidavit amounts to the same punishment as submitting false statements in any other court proceeding which is forbidden and punishable under law and the deponent/affiant will be held liable under section 193 of the Indian Penal Code, 1860, which is perjury. It is a legal term for ‘lying on oath’.
I ________, resident of __(Country)__(State)__(City), hereby declare as follows: I am the CEO of ____ (trade name) (hereinafter referred to as "Our Company"), and have been delegated the authorization to declare such statement. Our Company was incorporated lawfully according to the Companies Act of __koku as of ________, ____, ____(y/m/d), and having its registered office at __(Country)__(State)__(City). Our Company shall situate our Japan branch at Japan○-ken○-shi○-chou○-chome○-Ban-○-Gou as of ________, ____, ____(y/m/d). Our Company has appointed ________ as our Japanese representative whose address is Japan__-Gou__-Ban__-chome__-chou__-shi-__-ken. ________ was delegated every necessary authority relating to the registration application of the establishment of our branch office of Japan (including the right to elect his or her proxy). Details of our company are as follows: (1) Amount of stated capital: ________ US dollars (2) Total number of authorized shares: ____ Shares (3) Total number of issued shares: ○○ Shares (4) Purpose 1 Production and distribution of ____ 2 Buying and selling of ____ 3 All businesses contingent to preceding items (5) The name and address of the representative executive officer and director of our company are as follows: Representative executive officer: ____ __Country__State__City Director: __________ __Country__State__City Director: __________ __Country__State__City Director: __________ __Country__State__City (6) The public notice of our company in Japan shall be performed by means of running such notice in an official gazette. (7) The public notice provided for in the applicable law shall be performed by running such notice in the ○○○・Post issued at __State. (8) The business year of our company shall be annually from ____, ____ (m/d) to ____, ____ (m/d). ________, ____, ____(y/m/d) __________ (Signature) As of ________, ____, ____(y/m/d), ________, who administered an oath with the presence of the required authorities, asserts that he/she has signed this certificate pursuant to the fact that he/she resides at Japan__-ken__-shi__-chou__-chome__-Ban-__-Gou, he/she is the general director and has been delegated such director’s authority of our company. __Country__State Notary ________, ____, ____(y/m/d) __________(Signature of Notary)
Translator: ○○ ○○ [Seal]