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Friendly Loan Agreement Template for Netherlands

A Friendly Loan Agreement under Dutch law is a legally binding document that formalizes a loan arrangement between parties who typically have a pre-existing relationship. This agreement, while less formal than commercial loan agreements, still includes essential elements such as loan amount, repayment terms, and any applicable interest rates. The document is governed by the Dutch Civil Code (Burgerlijk Wetboek) and incorporates relevant provisions for money lending agreements while maintaining accessibility and clarity for non-professional use. It provides protection for both lender and borrower while preserving the informal nature of the arrangement.

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What is a Friendly Loan Agreement?

The Friendly Loan Agreement template is designed for use in the Netherlands when parties wish to formalize a loan arrangement in a legally compliant yet accessible manner. This document type is particularly suitable for loans between family members, friends, or close associates where the parties want to ensure clear terms while maintaining an amicable relationship. The agreement includes essential elements required under Dutch law such as party details, loan amount, repayment terms, and any applicable interest, while being simpler than commercial loan agreements. It's important to note that even friendly loans must comply with Dutch Civil Code requirements to be legally enforceable, making this template valuable for documenting the arrangement properly.

What sections should be included in a Friendly Loan Agreement?

1. Parties: Identification of the lender and borrower with full legal names and addresses

2. Background: Brief context of the friendly loan arrangement and the relationship between parties

3. Definitions: Key terms used in the agreement, keeping technical language to a minimum

4. Loan Amount: Specification of the principal amount being lent

5. Interest Rate: Statement of interest rate (if any) and calculation method

6. Repayment Terms: Schedule of repayments, including payment dates and amounts

7. Payment Method: Specified method of payment and bank account details

8. Default: Consequences of missing payments or breaching the agreement

9. Representations: Basic statements about the borrower's ability to repay

10. Governing Law: Confirmation that Dutch law governs the agreement

11. Signatures: Execution block for both parties

What sections are optional to include in a Friendly Loan Agreement?

1. Security: Details of any assets provided as security for the loan - include when collateral is being provided

2. Guarantor: Information about any third party guaranteeing the loan - include when there is a guarantor

3. Early Repayment: Terms for early repayment of the loan - include when early repayment might be considered

4. Death or Incapacity: Provisions for what happens if either party dies or becomes incapacitated - include for longer-term loans

5. Interest Rate Adjustment: Provisions for changing the interest rate - include if rate might change during loan term

6. Default Interest: Additional interest charged on late payments - include if applicable

7. Costs and Expenses: Allocation of any costs related to the loan - include if there are administrative or legal costs

8. Assignment: Whether the loan can be transferred to another party - include for larger or longer-term loans

What schedules should be included in a Friendly Loan Agreement?

1. Repayment Schedule: Detailed schedule of repayment dates and amounts

2. Security Details: Detailed description of any security/collateral provided - if applicable

3. Bank Account Details: Banking information for both parties for payment purposes

4. Proof of Identity: Copies of identification documents of both parties

Authors

Alex Denne

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

Jurisdiction

Netherlands

Publisher

Genie AI

Document Type

Financing Agreement

Cost

Free to use

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