Loan agreement in the Netherlands: Template, Key Clauses and Local Law (2026)

What a loan agreement is under Dutch law A loan agreement (leningsovereenkomst, or in the Civil Code a verbruiklening) is a contract where a lender hands over a sum of money and the borrower agrees to repay the same amount, usually with interest. In the Netherlands the rules live in Book 7 of the Dutch Civil Code (Burgerlijk Wetboek). Whether extra, stricter rules apply depends on one question: is the borrower a consumer? ## What Dutch law requires A loan between businesses or between private individuals is largely free of form. You do not need a notary or a fixed template for an ordinary business or family loan. A written agreement is strongly advised so that the amount, interest and repayment terms can be proven, but an oral loan can still be valid. There is no general usury statute that caps business loan interest, although an extreme, unconscionable rate could be attacked under general doctrines such as abuse of circumstances. Consumer credit is heavily regulated and has a hard interest cap. When the borrower is a consumer, the loan falls under consumer credit rules in the Financial Supervision Act (Wet op het financieel toezicht, Wft) and the Decree on conduct of financial undertakings (BGfo). A lender usually needs a licence from the AFM. The total credit charge is capped at the statutory interest rate plus 8 percentage points. Because the statutory interest rate for non-commercial transactions fell to 4 percent on 1 January 2026, the maximum credit charge is 12 percent per year from that date. This cap covers consumer credit broadly, including overdrafts, buy-now-pay-later and personal loans. Two different statutory interest rates exist, and you must use the right one. The statutory interest for non-commercial (consumer) transactions is 4 percent since 1 January 2026. The statutory commercial interest rate for business-to-business and business-to-government transactions is higher (it stood at 10.15 percent per year from 1 July 2025). Statutory interest is the default rate for late payment when the contract is silent, and it also feeds the consumer credit cap. Always check the current figure before you rely on it, because these rates are reset periodically. No stamp duty on a loan. The Netherlands does not levy stamp duty on a loan agreement. There is no registration requirement for an ordinary private or business loan. Registration and notarial form only become relevant where security is involved, for example a mortgage (hypotheek) over real estate, which must be created by notarial deed and registered. ## The clauses that differ under Dutch law - Interest: for a consumer loan the all-in charge must stay at or below the statutory-rate-plus-8 cap. For a business or family loan you have freedom, but a tax-driven family loan should use at least a defensible market rate to avoid gift treatment.

• Late payment: if you say nothing, statutory interest applies by default. You can agree a contractual default rate instead, subject to the consumer cap where relevant.
• Repayment on demand: a loan with no fixed term can be called in, but the borrower must be given a reasonable period to repay.
• Security: a pledge (pand) over goods or receivables or a mortgage over real estate needs its own formalities, and a mortgage needs a notarial deed. ## A usable template (adapt with advice) Replace every [bracketed] field. This is a skeleton, not legal advice. ``` LOAN AGREEMENT (LENINGSOVEREENKOMST) 1. Parties: Lender [name, address]; Borrower [name, address].

2. Loan amount: The Lender lends EUR [amount in figures and words] to the Borrower.
3. Purpose: [optional, e.g. working capital / house deposit].
4. Payment of the loan: The amount is paid to account [IBAN] on [date].
5. Interest: [X] percent per year, calculated on the outstanding balance, payable [monthly / annually]. [For a consumer loan the total charge does not exceed the statutory rate plus 8 percentage points.]
6. Repayment: The Borrower repays in [one sum on date / instalments of EUR X per month from date] until fully repaid.
7. Early repayment: The Borrower may repay early in whole or in part without penalty.
8. Default: If an instalment is more than [14] days late, statutory default interest applies and the Lender may demand the whole balance after written notice.
9. Security: [none / pledge over [asset] / mortgage over [property] by separate notarial deed].
10. Governing law and forum: Dutch law; the competent Dutch court at [place]. Signed by both parties at [place] on [date].

- **Clause 6 and 7 (repayment and early repayment)**: set a clear schedule. For consumer credit, a right to repay early is protected, so build it in.
- **Clause 8 (default)**: decide whether statutory interest or a contractual default rate applies, and require a written notice before acceleration so the demand cannot be challenged as premature.
- **Clause 9 (security)**: if you want security, remember that a mortgage needs a notarial deed and registration. A handshake does not create a valid mortgage. A pledge over moveable goods or receivables (pandrecht) has its own, lighter formalities, and is often registered or made by notarial or registered private deed to be effective against third parties.
- **Governing law and forum**: for a cross-border loan, say expressly that Dutch law applies and which court decides, so a dispute does not turn first into an argument about where it should be heard. Without a clear clause, EU rules on jurisdiction and applicable law decide for you. ## Red flags - A consumer loan priced above the statutory-rate-plus-8 cap, which makes the excess unenforceable.
- Lending to consumers as a business without checking whether an AFM licence is needed.
- A family loan at zero or near-zero interest, risking gift tax treatment.
- No written record of amount, interest and repayment, leaving a dispute to oral evidence.
- Assuming a mortgage is created just by writing it into the loan, without the notarial deed.
- Using the wrong statutory rate (commercial versus non-commercial) for late payment. ## One workspace for the loan and its whole life A loan is a long set of dates. Instalments fall due, interest resets if it is linked to the statutory rate, a balloon payment arrives, a security interest has to be released on final repayment. The agreement is signed and then the schedule runs quietly in the background until a payment is missed or a figure is disputed, and suddenly everyone is hunting for the clause and the current rate. Consumer loans add the extra risk that a capped rate was set once and never re-checked against a changed statutory rate. An AI contract workspace is built to hold that whole life in one place: draft the agreement, read the interest and default terms back in plain language, track every due date and reset as a live alert, and keep each version tied to the borrower and the right people. [Adira](https://adiralaw.com) is built around Indian corporate law first, and Netherlands-specific consumer credit depth is on its roadmap rather than live today, so a Dutch consumer loan still needs a Dutch adviser and licensing check. The idea to take away is simple: the loan document and the schedule it creates belong together, not in a drawer and a spreadsheet. This guide is general information, not legal advice. Confirm the current statutory rates and licensing position with a Dutch lawyer before you lend.