MKB Juristen drafts custom legal documents
It is best not to cobble together or copy important contracts, terms and conditions, and other legal documents yourself. We help entrepreneurs on a budget with customized legal solutions, clear costs upfront, and practical explanations.
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Having a loan agreement drafted by a lawyer typically costs between 350 and 1,250 euros. A standard document for company assets provided to employees falls at the lower end of that range; the loan of valuable equipment or space falls at the upper end, as the classification issues, liability, and securities must be addressed. Expect a turnaround time of three working days to two weeks. Below is an outline of what you receive, the process, and the factors driving up the price.
The short answer
- Company resources for employees: 350 to 650 euros for a document plus issuance and return form.
- Equipment at customers' or partners': 650 to 1,000 euros, with liability, insurance, and refund scheme.
- Loan of a space or property: 900 to 1,250 euros, because the distinction from rent must be carefully made.
- Review of an existing model: 150 to 400 euros with concrete text proposals.
- Lead time: three working days to two weeks, depending on the complexity.
Have a loan agreement drawn up: what is included in the price
When requesting a quote, ask for the delivery package instead of the hourly rate. A complete project includes:
- A brief intake regarding the case, the duration, the opposing party, and the risk you wish to cover.
- The agreement itself, with the description of the item, the permitted use, the allocation of costs and risks, the duration, and the return.
- An issue and return form is attached, with space for the serial number, and can be found under issue and photos.
- A provision that prevents the agreement from being interpreted as a lease, tailored to what you actually agree upon.
- A brief instruction for internal use: who signs, who keeps, and how to maintain the record.
What is usually excluded: consultation with your insurer, negotiation with the opposing party, and the retrieval of an unreturned item. These are quoted separately.
The process step by step
- Intake. Three questions determine the rest: what are you lending, to whom, and is there truly nothing in return? The latter is the qualification question. If there is consideration, in money or in kind, then it is a lease (Art. 7:201 BW) and you need a different contract.
- Risk analysis. What is the value of the asset, can it cause personal injury, and what happens if the borrower goes bankrupt? In the case of valuable equipment, this determines which collateral and insurance arrangement are required.
- Draft. The document containing the item description, the article for use, the allocation of costs and risks, the insurance arrangement, the duration, termination, and return. For loan to employees, the text is aligned with Article 7:661 of the Dutch Civil Code and the set-off limitation of Article 7:632 of the Dutch Civil Code.
- Attachments. Issuance and return form, operating instructions and, where applicable, inspection certificates. This is the part that determines the evidentiary position in practice.
- Delivery. Editable file with fillable fields, so that you can reuse the document for every subsequent issuance.
What causes the price to go up
Four factors explain the difference between 350 and 1,250 euros:
- The distinction from tenancy. In the case of the loan of a space, property, or business asset that is part of a larger commercial agreement, it must be carefully documented why there is no consideration. With real estate, the consequences of an incorrect classification are greatest, because tenancy protection comes into play.
- Liability for defects. In the case of machines, scaffolding, vehicles, and tools, the lender remains liable as the owner for damage caused by a defect in the item (Art. 6:173 BW). This calls for instructions, inspection agreements, a duty of inspection, and a well-considered insurance arrangement.
- Financial position of the borrower. If valuable equipment is held by a third party for an extended period, there is not only the risk of bankruptcy but also the risk that the tax collector will seize assets located on the premises of a tax debtor (Art. 22 Collection Act 1990). In such cases, a more robust regulation is required, including visible indication of ownership and registration.
- Embedding under employment law. In the case of a loan to employees, the wording must align with the employment contract and the personnel handbook, and take into account Articles 7:661 and 7:632 of the Dutch Civil Code. Often, the return upon termination of employment is arranged in the exit procedure at the same time.
Practical example: a construction equipment rental company had a single loan agreement drawn up for demonstration machines at prospects for 800 euros, with a maximum term of six weeks, a notice period of seven days, and mandatory insurance for the borrower. Over two years, 34 machines were deployed using this arrangement, two of which were retrieved early based on the termination clause.
Do it yourself, buy a model, or have one drawn up
A free model is suitable for simple situations, but check three points that are almost always missing. First, the issuance form with serial number (listed upon issuance) and photos. Without this, any dispute regarding damages remains unresolved. Second, the insurance agreement: standard policies often do not cover loaned items, or only cover them at one's own location. Third, the return arrangement with a notice period and immediate enforceability in the event of bankruptcy or improper use.
A paid model from a document shop costs 30 to 100 euros and suffices for laptops, phones, and simple tools. As soon as it concerns equipment with a value exceeding several thousand euros, items that could cause injury, or a room, custom work is wiser. The costs of such work are far below the value of a single item that will not be returned.
Honest recommendation
You don't always need a lawyer for this. If you provide an employee with a laptop, phone, or set of tools, a one-page form is sufficient: the item with serial number, the condition at issuance with photos, permitted use, the obligation to report damage, and return upon termination of employment. A good free template plus half an hour of your own work will yield a usable document.
Ensure it is drawn up for equipment of substantial value, for items that could cause personal injury, for the loan of a space or property, and for long-term placement with a party whose financial position is unknown. In those cases, the demarcation from rent, liability for defects, and the return policy determine whether you get the item back and who bears the damages. Request a fixed price including the issuance and return forms, as that is where the practical value lies.
Read more: what is a loan agreement and drafting a loan agreement. You can arrange this immediately via the loan agreement.
Frequently Asked Questions
For business assets provided to employees, the cost is typically 350 to 650 euros, including the issuance and return forms. Equipment at clients or partners costs 650 to 1,000 euros. The loan of a space or building ranges between 900 and 1,250 euros, as the distinction from rent must be carefully managed.
Three working days to two weeks. For a standard document for business assets, one round is usually sufficient. If it concerns valuable equipment or a space, expect an extra round for the risk analysis and coordination with your insurer.
Because the classification is decisive. If there is consideration in return, even in kind such as security or maintenance, then it is a lease (Art. 7:201 BW), and in the case of residential or commercial premises, rent protection comes into play. The text must therefore carefully stipulate that the use is genuinely gratuitous.
A description of the item including value and serial number, the intended term, the identity of the borrower, the purchase invoice, your current insurance policy and, in the case of an employee, the employment contract and the employee handbook. With this, the agreement can be drafted in a single round.
For simple situations, yes. In that case, check whether an issuance form with serial number, information at the time of issuance, and photos is included, whether insurance is arranged, and whether a refund policy with a notice period and immediate callability is included. Those three points are missing from virtually every free model.
From just a few issues per year, yes. One document with input fields and a maintained record of serial numbers is sufficient for all subsequent issues. This quickly reduces legal costs per loaned item to just a few tens of euros.
You remain the owner and can reclaim the item, even in the event of the borrower's bankruptcy. However, you must be able to prove that the item belongs to you with the purchase invoice, the serial number, and a signed agreement. A notice of default with a short return period is usually the first step.
