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How long is the statutory payment term in the Netherlands?

The Netherlands has no fixed statutory payment term: parties agree on this themselves. If nothing has been agreed, 30 days applies. Between businesses, a term longer than 30 days is only permitted for objective reasons, and a term of...

Published on June 21, 2021 by MKBjuristen.nl
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The Netherlands does not have a fixed statutory payment term: parties agree on this themselves. If nothing has been agreed, 30 days applies. Between companies, a term longer than 30 days is only permitted for objective reasons, and a term of more than 60 days is not allowed when a large company imposes it on a small enterprise. Separate rules apply to consumers and the government.

Some say the statutory payment term is 30 days, others 14 or 60. They are all wrong: there is no fixed statutory payment term. Nevertheless, you cannot do as you please — there are rules, and they affect your quotations and customer agreements.

No fixed term: you agree on it yourself

Freedom of contract applies: parties choose the payment term themselves, ranging from cash in hand to, for example, 10, 14, or 20 days. The starting point is a mutual agreement, preferably in advance, but agreeing on a (different) term together afterwards is also permitted — as long as it is done jointly and not unilaterally.

If nothing has been agreed and the parties cannot reach an agreement, the Civil Code stipulates a period of 30 days. From that moment, statutory or agreed interest also begins to accrue.

Boundaries between companies

  • More than 30 days is only permitted if there are objective reasons for doing so, taking into account the service or product and trade practices. The period must not be manifestly unreasonable and must be expressly agreed upon.
  • of more than 60 days is permitted, but not when a large company imposes such a term on a small enterprise (e.g., BV, VOF, or sole proprietorship). Whether a company is large depends on criteria such as the size of the workforce, total assets, and annual turnover.

This rule protects small business owners: in the past, large companies imposed long payment terms on small suppliers, who had no choice and ran into cash flow problems. It has even been suggested to limit this term to 30 days, so that small business owners get paid faster.

Consumers and the government

The above applies only between businesses. With consumers, you may agree on a term of more than 60 days—after all, they do not hold a position of power. However, it is required that you first send a reminder to a consumer who pays late, giving them another 14 days to pay. The government always has 30 days based on its own regulations.

Frequently Asked Questions

What is the payment term if I don't agree on anything?

In that case, a period of 30 days applies under the law, after which interest begins to accrue. It is advisable to agree on a term yourself and include it in your terms and conditions.

May I agree on a payment term of 60 days?

This is possible between businesses, but a period of more than 60 days is not permitted if a large company imposes it on a small enterprise. These limits do not apply to consumers.

Do I have to send a formal notice to a consumer first?

Yes. If a consumer pays late, you must first send a reminder with a 14-day period before you may charge collection costs and interest.

Good payment terms in your terms and conditions

In addition to the payment term, interest and the consequences of late payment also play a role. The legal experts at MKB Juristen stipulate this in your general terms and conditions and assist with debt collection. View our expertise in contract law or schedule an intake meeting .

Please note: an article provides general information, but your legal situation may turn out differently.

A contract, conflict, or legal risk must always be assessed based on the facts, documents, evidentiary position, and interests. Are you in doubt? Have your situation assessed before you act.

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A blog provides explanation, but your situation often requires a concrete legal choice. MKB Juristen helps entrepreneurs with contracts, terms and conditions, GDPR documents, employment documents, disputes, and customized legal solutions.

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