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 drawn up by a specialized SME lawyer typically costs between 250 and 900 euros, depending on the complexity. A simple loan between two parties falls at the lower end; a loan with collateral such as a pledge or suretyship, or a loan to one's own private limited company with tax considerations, is higher. The basis lies in the law of consumption loans (Article 7:129 et seq. of the Dutch Civil Code), but it is precisely the interest rate, the enforceability, and the collateral that determine whether you get your money back.
The short answer
- Costs: 250 to 900 euros with an SME lawyer, depending on the complexity.
- Simple: small loan, fixed interest rate, no collateral: lower end.
- Complex: collateral, loan to own BV, tax assessment: higher rate.
- Lead time: often a few days to a week.
- Why: good terms determine whether you get your money back.
What determines the cost of having a loan agreement drawn up?
The price depends primarily on the collateral and the tax implications. A basic loan between two known parties, with a fixed interest rate and a simple repayment schedule, is quickly arranged. As soon as collateral is involved, the workload increases: a pledge on inventory or accounts receivable, a suretyship, or a mortgage require additional provisions and sometimes consultation with the notary.
The tax context also plays a role. A loan to or from one's own private limited company, or a loan within the family, must have commercial terms to be recognized by the Tax and Customs Administration as a genuine loan. The legal expert then pays attention to the interest, repayment, and substantiation. If you lend to consumers on a business basis, the assessment under the Financial Supervision Act (Wft) is added, making the process more complex.
The process step by step
- Intake: the lawyer asks about the amount, the parties, the desired interest rate, the term, and the purpose.
- Analysis: what safeguards are required, and do tax or consumer regulations apply?
- Draft: a first version with principal, interest, amortization, callability, and collateral.
- Discussion: adjustment based on your feedback and that of the other party.
- Recording: signing, and in the case of a mortgage, establishment via the notary.
In the case of a pledge on movable property, registration with the Tax and Customs Administration often follows to strengthen the pledge. The legal expert arranges or advises on this step.
Do it yourself or have it drafted
The decision revolves around the amount and the risks. For a small, interest-free, or low-interest loan between people who trust each other, a good model works perfectly well. With larger amounts, the risks weigh more heavily. A missing callability clause or weakly defined collateral can mean that you are left empty-handed in the event of default, and then the damage is many times greater than the cost of a carefully drafted contract beforehand.
When choosing an advisor, look for experience with business loans and collateral. A lawyer who frequently handles pledges, sureties, and director-major shareholder loans recognizes the pitfalls regarding interest, enforceability, and tax substantiation.
Practical example
An entrepreneur lends 80,000 euros to a fellow entrepreneur for the renovation of the latter's business premises. He has the agreement drawn up with a mortgage lien on the property as security, annuity repayment over seven years, and an enforceability clause in the event of arrears. The legal expert coordinates the establishment of the mortgage with the notary. Costs: approximately 700 euros. Because the security is properly documented, the lender runs hardly any risk.
Honest recommendation
You do not always need a lawyer. For a small loan between parties who trust each other, with a clear interest rate and a simple repayment schedule, a solid template that you fill in yourself is often sufficient. However, have the agreement drafted or reviewed for larger amounts, when collateral such as a pledge or mortgage is involved, for loans to or from your own private limited company, and certainly if you lend to consumers commercially. In those cases, the risk lies in the details, and an investment of a few hundred euros does not outweigh the risk of an uncollectible debt.
You can have this arranged immediately via a loan agreement. You can find more background information at what is a loan agreement and drafting a loan agreement.
Frequently Asked Questions
With a specialized SME lawyer, the cost is typically 250 to 900 euros. A simple loan is at the lower end; a loan with collateral such as a pledge or mortgage, or a loan to one's own private limited company with tax considerations, is higher. The price follows from the complexity.
Often a few days to a week, depending on the complexity and how quickly both parties respond. A simple loan can be finalized within a few days; a loan with a mortgage or pledge takes longer due to coordination with the notary.
Because the terms and conditions determine whether you get your money back. A missing enforceability clause or weakly defined collateral can mean that you are left empty-handed in the event of non-payment. A carefully drafted contract beforehand prevents an uncollectible debt afterwards.
For a small loan between parties who trust each other, with a clear interest rate and a simple schedule, a good model can get you far. For larger amounts, collateral, or loans to your own private limited company, professional help is advisable.
Not the loan agreement itself. However, this is required for a mortgage right as security: that is established via a notary. A pledge on movable property can be established without a notary, but is often registered with the Tax Authorities to strengthen it.
The amount, the details of both parties, the desired interest rate, the term, and the purpose of the loan. In the case of collateral, also information regarding the security, and for a loan to one's own BV, the tax context, so that the legal expert can substantiate a commercial interest rate.
Based on experience with business loans and collateral. A lawyer who frequently handles pledges, sureties, and director-major shareholder loans recognizes the pitfalls regarding interest, enforceability, and tax substantiation. Ask for a fixed price agreement in advance.
