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.
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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
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
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
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
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