What is a Loan Agreement under Dutch law?
A loan agreement in the Netherlands can be defined as a formal contract outlining important counterparty information and responsibilities regarding a loan, as well as credit terms like the loan amount, the applicable law and competent court in case of a dispute, the type of loan being extended, the repayment schedule of the loan, and the interest rate.
TAKING OUT A LOAN UNDER DUTCH LAW
A loan agreement in the Netherlands must be carefully prepared, especially in cross-border cases, in order to avoid possible disagreements later on. Most cases we encounter as contract lawyers relate to the interpretation of a contractually agreed clause. If points are unclear, this is a breeding ground for a variety of questions of explanation and thus discussion. For example, if you take out a loan under Dutch law, it is advisable to record this in a loan agreement.. It is therefore a good idea to seek advice from a lawyer in the Netherlands The English-speaking contract law specialists at MAAK Advocaten are often confronted with disputes where the terms of a loan agreement have not been properly negotiated. It is also advisable to register your loan agreement with the tax authorities (belastingdienst). In short, drawing up a loan agreement is a science in itself and you will require expertise.
DRAFTING A LOAN AGREEMENT THROUGH A DUTCH LAWYER
You enter into a written loan agreement in the Netherlands (or with a Dutch counterparty) because as a lender or borrower you recognise the importance of a good contract. In general, it is advisable to have the loan agreement reviewed by an expert, such as a lawyer. This prevents you from overlooking important matters and ensures that your interests are protected as best as possible.
In cross-border cases, such as the UK and the Netherlands, language barriers may also arise, making it difficult to draw up a contract. In addition, the English regulations on loan agreements differ from those of Dutch law. It should therefore be carefully examined which law is applicable when concluding a loan agreement. This applies both to consumer loans and to loan agreements between two companies.
LOAN AGREEMENTS DUE IN THE NETHERLANDS
In a loan contract you can specify the period within which the loan must be repaid. The loan agreement also contains a statutory or contractual interest rate that the borrower must pay to the lender. Under Dutch law, the parties must specify the amount of the agreed interest in writing, otherwise interest will be payable at the statutory rate. In addition, the parties may contractually agree that the lender will receive security for the repayment of the loan, which may be the creation of a pledge or mortgage.
A due loan agreement in the Netherlands often becomes immediately due and payable in full if an instalment remains unpaid. From a contractual point of view, there are a number of possibilities to make a tailor-made agreement on this. For example, an additional instalment may be granted if a single instalment is overdue, or a default notice may be required. Our specialist contract lawyers in the Netherlands will be happy to assist you in adapting your contracts.
PROCEEDINGS ON LOAN AGREEMENTs in the Netherlands
If you fear that the obligations of a loan agreement will no longer be met, you can force payment (of an advance) in urgent cases in interim proceedings (“kort geding“). As a rule, you are in court within 4-6 weeks and receive a judgement 2 weeks later. MAAK Advocaten’s litigators in the Netherlands are experienced in this type of dispute and can assist you in court proceedings and especially in interim proceedings in the Netherlands.
Termination of a loan agreement in the Netherlands
Terminating a loan agreement may be subject to strict contractual conditions or may not always be possible. Be well-informed about this by a contract law lawyer with international experience in contracting. Together we will look at the contract and discuss your options.
SPECIALIST LAWYERS FOR LOAN AGREEMENTS IN THE NETHERLANDS
Do you have questions about drawing up a loan agreement, or are you unsure about clauses in your loan agreement? Feel free to contact our Dutch law firm. We are committed to providing exceptional legal services and personalized attention to address your unique needs. You can contact us through our website, via email, or by phone. Our friendly and professional staff will be more than happy to assist you and schedule a consultation with one of our expert attorneys in the Netherlands, for example a Dutch litigation attorney or contract lawyer in the Netherlands in Amsterdam. We look forward to the opportunity to help you navigate the complexities of the legal landscape and achieve the best possible outcomes for your case.
The content provided on this legal blog is intended for general informational purposes only and should not be construed as legal advice or a substitute for professional legal counsel. While we strive to ensure the accuracy and timeliness of the information presented, we cannot guarantee its completeness or applicability to your specific circumstances. We encourage you to consult with a qualified attorney for advice regarding your individual legal matters. The content on this blog may be subject to changes or updates without notice, and we disclaim any responsibility for any errors or omissions in the information provided.