What Is an Affidavit Used For in the UK? A Guide for Businesses and Entrepreneurs

If someone has ever asked you for an affidavit, or you’ve spotted the word in court paperwork or business legal processes - you’re not alone in wondering, “What is an affidavit used for?” For many UK business owners and entrepreneurs, affidavits can feel mysterious or daunting at first glance. But in reality, understanding affidavits is easier than you might think, and knowing when (and how) to use one can help protect your business - or unlock opportunities down the track.

In this guide, we’ll demystify affidavits in plain English. We’ll explain what an affidavit is, what it’s used for in the UK, some common scenarios where businesses might need one, and simple steps to get an affidavit sorted if the time comes.

Getting these details right could save you from disputes or help your business operations run smoothly - so keep reading to discover the essentials.

What Is an Affidavit and What Is It Used For?

Put simply, an affidavit is a written statement of facts that’s sworn or affirmed to be true. It’s a formal way of telling your side of a story, providing evidence, or clarifying key facts - and it carries legal weight because you make it under oath (meaning you can be penalised for lying).

Here are some of the most common uses for affidavits in the UK business context:

• Providing evidence in court proceedings: If your business is involved in litigation - such as a contractual dispute or enforcing a debt - you or your staff might need to submit an affidavit to present your version of the facts.
• Supporting key applications or registrations: Sometimes, government departments or regulatory bodies require an affidavit as part of a formal application for things like company director changes, permits, or licences if there’s a question over identity or business activity.
• Business transactions: Affidavits can be used to confirm details during due diligence for business sales, mergers, or acquisitions. For example, verifying who the real owners are or clarifying debts and liabilities.
• Dealing with fraud or loss of documents: If you’ve lost vital company documents (like share certificates or contracts) or suspect fraud, an affidavit can be a way to formally record what’s happened as part of a process to replace or rectify the issue.

In short, the answer to “what is an affidavit used for” in the UK is: to provide trustworthy, formal evidence in legal, regulatory, or transactional situations that require clear statements of fact.

Affidavits are governed by the Civil Procedure Rules (CPR) in England and Wales, which set out formal requirements for sworn testimony submitted to a court or tribunal. For most businesses, you’ll encounter affidavits in civil, commercial, or employment disputes, or when navigating regulatory procedures.

How Does an Affidavit Work in the UK?

Once you understand what an affidavit is, the next question is how it works in practice. What makes an affidavit different from a simple statement or letter?

• Affidavits must be made voluntarily and based on your direct knowledge (not hearsay or speculation).
• The statement is written up in a specific format, setting out the facts in numbered paragraphs.
• You or the person making the affidavit (“the deponent”) need to swear (on a religious text) or affirm (if you’re not religious) before a solicitor, notary public, or authorised court official that the contents are true.
• The affidavit is then signed and officially witnessed, with the date and venue recorded.
• This sworn evidence can then be submitted to a court, government agency, or third party as part of legal or formal proceedings.

Unlike a contract, which sets out legal obligations between parties, an affidavit is all about providing factual statements - not promises or mutual terms.

When Might a Business Need an Affidavit?

For many new or growing businesses, affidavits might seem like something you’ll never need - but there are plenty of situations where they could suddenly pop up. Here are some business scenarios where an affidavit could be essential:

• Contract and commercial disputes: Affidavits are frequently used to present statements of fact in cases where a contract’s terms or delivery is being contested, especially when you need to evidence your compliance or challenge the other side’s claims. For more on this, see our guide on what to do about a breach of contract.
• Business sales or restructuring: During due diligence in a business acquisition or sale, you might be asked to produce affidavits verifying facts about the ownership, assets, or liabilities of the company.
• Lost documents: If you lose an important company document (such as a share certificate or title deed), many institutions (like Companies House or a bank) may request an affidavit from directors confirming the loss before issuing a replacement or proceeding with necessary changes. Learn more about protecting your business information.
• Director and shareholder changes: When updating key company records or proving identity where doubts exist, an affidavit can support changes at Companies House.
• Grant or licence applications: Certain funding or licensing applications may need directors/owners to swear facts about the business’ activities, finances, or key people.

Of course, not every disagreement or business process will require an affidavit. But when high-stakes evidence is required, or you need to set the record straight with an official body, affidavits become a vital legal tool.

How To Get an Affidavit in the UK: Step-by-Step Guide

If you or your business is called upon to provide an affidavit, the process can seem intimidating at first. But don’t worry - here’s a step-by-step overview to make the process straightforward:

1. Draft Your Statement
   You (or your solicitor) need to prepare a clear, factual statement of what you’re affirming. Use numbered paragraphs. Be concise and stick to facts you personally know - don’t include guesswork or opinions.
2. Contact an Authorised Professional
   In the UK, affidavits must be sworn or affirmed in front of a solicitor, commissioner for oaths, or notary public. These professionals act as the witness and can officially administer the oath.
3. Sign and Swear (or Affirm)
   At your appointment, you’ll be asked to either swear (on a holy book) or affirm (if non-religious) that your statement is true. You must sign in the presence of the witness - never before.
4. Pay the Relevant Fee
   Most solicitors charge a modest fee (often between £5-£15 per affidavit). Notaries or out-of-hours services may cost more. Make sure you bring ID and any company documents needed.
5. Submit the Affidavit
   Once witnessed and signed, you can submit the affidavit to the requesting party (court, Companies House, bank, etc.), or provide a certified copy as required.

Wondering “how do I get an affidavit UK-wide?” You can find local solicitors by searching for “solicitor commissioner for oaths near me,” or ask your existing legal advisor to help draft and execute your affidavit.

Avoid drafting affidavits yourself unless you're confident - mistakes in wording or process could render them invalid, or worse, open you up to legal penalties for inaccurate information.

What’s the Difference Between an Affidavit and a Statutory Declaration?

Many businesses get confused between affidavits and statutory declarations. Here’s a quick breakdown:

• Affidavits are usually used for evidence in court or formal dispute proceedings. They are made under oath or affirmation and carry the risk of criminal penalties for perjury if knowingly false.
• Statutory declarations are used to declare facts in non-contentious matters outside of court - for example, confirming your identity or business status for a bank or regulator. They are not sworn under religious oath but carry legal consequences if untrue.

While the formats are similar, be sure to provide the document type requested by the relevant authority or process.

Do Affidavits Need to Be Notarised or Witnessed?

In the UK, an affidavit must be witnessed by a solicitor, commissioner for oaths, or notary public. They provide their details and signature as the witnessing officer, certifying that you have lawfully sworn or affirmed the contents.

You generally do not need a separate notary if using a solicitor or commissioner. But for affidavits used overseas or in cross-border disputes, a notary may be specifically required.

Always check the requirements of the recipient (court, authority, agency) - providing the right format and witness is essential for the affidavit to be accepted.

How Should Businesses Store and Use Affidavits?

When a business obtains or submits an affidavit:

• Keep original, signed copies in secure business records. These are your formal evidence if challenged later. See our guidance on GDPR-compliant record retention for further details.
• Only provide copies to trusted parties (courts, authorities, legal advisers).
• Make sure all employees or directors understand confidentiality obligations when handling or referencing affidavits.

Remember, making a false affidavit is a criminal offence - treat them seriously and ensure everyone involved in preparing one understands their duties.

Are There Risks if an Affidavit Is Wrong or Misleading?

Absolutely. Submitting an affidavit with inaccurate information can have serious legal and commercial consequences:

• Perjury charges: Swearing a false affidavit can result in prosecution, fines, or imprisonment.
• Business harm: Providing incorrect information could damage your reputation, affect contracts, or lead to further litigation.
• Invalidation of applications: If authorities spot errors in your affidavit, your application or claim could be outright rejected.

If you’re unsure about the accuracy of a statement, check the facts (and seek advice) before signing any affidavit. It’s always best to consult a lawyer for complex or contentious matters.

What Legal Support Can Help with Affidavits?

Affidavits may seem simple, but the fallout from errors can be costly. For business-related affidavits, consider working with a legal professional to:

• Draft clear, accurate, and legally compliant affidavits tailored to your matter.
• Ensure the right format and procedures are followed.
• Witness and certify affidavits, especially where cross-border or sensitive commercial issues are involved.
• Advise on when to use an affidavit or a statutory declaration, and which is most appropriate for your business scenario.

If you’re dealing with a complex dispute, regulatory issue, or sale/acquisition, legal advice can prevent expensive mistakes and keep your business protected from day one.

Key Takeaways

• An affidavit is a sworn written statement of fact, used as formal evidence in court, regulatory, or business-related matters.
• Affidavits are commonly used to resolve disputes, support licence or business changes, confirm ownership, or explain missing documents.
• Affidavits must be signed in front of a solicitor, commissioner for oaths, or notary public for legal validity.
• Don’t draft affidavits lightly - accurate facts and correct procedures are essential, as errors can lead to major liabilities or criminal penalties.
• Seek professional legal help when preparing affidavits for your business, and keep secure records as part of your compliance plan.
• Understand when an affidavit versus a statutory declaration is required for your situation, and use the correct document and process.

If you have questions about what an affidavit is used for - or you’re facing a commercial dispute or business transaction that needs one - we’re here to help. Reach out to the Sprintlaw UK team on 08081347754 or team@sprintlaw.co.uk for a free, no-obligations chat.