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Loan Agreement With Notary for the Netherlands

Loan Agreement With Notary Template for Netherlands

A Dutch notarial loan agreement is a formal legal document executed before a civil law notary in the Netherlands, establishing the terms and conditions of a loan between a lender and borrower. This document carries special legal weight under Dutch law as it is executed in notarial form (notariële akte), providing enhanced enforceability and serving as an executable title. The agreement comprehensively details the loan amount, interest rates, repayment terms, security arrangements, and the obligations of all parties involved, while complying with Dutch civil code requirements and financial regulations. The notarial format provides additional security for high-value transactions and is often required for certain types of secured lending, particularly involving real estate.

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Loan Agreement With Notary

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What is a Loan Agreement With Notary?

The Loan Agreement With Notary is a specialized financial instrument commonly used in the Netherlands for significant lending transactions where parties seek enhanced legal security and enforceability. This document type is particularly relevant when the loan amount is substantial, involves real estate security, or requires additional legal certainty. The notarial deed format provides an executable title under Dutch law, meaning the lender can enforce their rights more efficiently in case of default. The agreement must comply with the Dutch Civil Code (Burgerlijk Wetboek) and the Dutch Notaries Act (Wet op het notarisambt), making it essential for transactions where formal authentication is required or desired. The document typically includes comprehensive details about the loan structure, security arrangements, and both parties' obligations, with the notary serving as an impartial legal professional who verifies identities, ensures understanding of the terms, and authenticates the agreement.

What sections should be included in a Loan Agreement With Notary?

1. Parties: Identification of the lender and borrower with full legal names, addresses, and registration details as required by notarial law

2. Background: Context of the loan agreement including the purpose of the loan and any relevant preliminary agreements

3. Definitions: Definitions of key terms used throughout the agreement

4. Loan Amount and Purpose: Specification of the principal amount, currency, and permitted use of the loan

5. Interest: Interest rate, calculation method, payment dates, and default interest provisions

6. Drawdown: Conditions precedent and procedures for drawing down the loan

7. Repayment: Repayment schedule, payment methods, and early repayment provisions

8. Representations and Warranties: Standard declarations by the borrower about their legal and financial status

9. Borrower Covenants: Ongoing obligations of the borrower during the loan term

10. Events of Default: Circumstances that constitute default and their consequences

11. Costs and Expenses: Allocation of transaction costs, taxes, and ongoing expenses

12. Notices: Communication procedures between parties

13. General Provisions: Standard clauses including severability, amendments, and governing law

14. Execution: Notarial execution clause and signature requirements

What sections are optional to include in a Loan Agreement With Notary?

1. Security Arrangements: Include when the loan is secured by collateral, detailing the security structure and enforcement rights

2. Guarantees: Include when there are third-party guarantors for the loan

3. Insurance Requirements: Include when specific insurance coverage is required for secured assets or the borrower

4. Interest Rate Adjustment: Include when the interest rate can be adjusted during the loan term

5. Subordination Provisions: Include when the loan needs to be subordinated to other debt

6. Tax Gross-Up: Include when tax gross-up provisions are required for international loans

7. Assignment and Transfer: Include when either party may need to transfer their rights or obligations

8. Special Repayment Terms: Include when there are specific circumstances allowing for mandatory prepayment

What schedules should be included in a Loan Agreement With Notary?

1. Repayment Schedule: Detailed amortization table showing payment dates and amounts

2. Security Details: Detailed description of any collateral including registration numbers and values

3. Conditions Precedent: List of documents and conditions required before drawdown

4. Form of Drawdown Request: Template for the borrower to request loan disbursement

5. Property Details: If property-related, detailed description of the relevant real estate

6. Insurance Requirements: Detailed specifications of required insurance coverage

7. Calculation of Interest: Detailed methodology for interest calculations

8. Required Notices: Templates for various notices required under the agreement

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Netherlands

Publisher

Ƶ

Document Type

Financing Agreement

Cost

Free to use
Relevant legal definitions













































Clauses





































Relevant Industries

Banking & Financial Services

Real Estate & Property

Construction

Manufacturing

Retail

Agriculture

Technology

Healthcare

Energy

Infrastructure

Transportation

Hospitality

Relevant Teams

Legal

Finance

Treasury

Compliance

Risk Management

Credit Administration

Corporate Banking

Real Estate

Business Development

Company Secretariat

Operations

Relevant Roles

Chief Financial Officer

Finance Director

Legal Counsel

Corporate Lawyer

Compliance Officer

Credit Manager

Risk Manager

Treasury Manager

Financial Controller

Loan Officer

Account Manager

Real Estate Manager

Business Development Manager

Company Secretary

Notary

Legal Operations Manager

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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