Custom legal document

Drafting a debt waiver agreement

Have it drafted, amended, or reviewed by our legal experts and/or lawyers starting from 99
SME Lawyers

Do not hastily put this document together yourself — a false sense of security is harmful.
Have a specialist screen it and be in a stronger position when it matters.

  • Truly Tailor-Made Legal Solutions
  • Fixed rates
  • Pay later after draft
  • Free adjustment round
  • Delivered within 5 working days
  • Express delivery possible
  • Available in Dutch and English

How does it work?
Our services include a free consultation, a draft document, a revision round, and a final document. We invoice after sending the draft document.

Experience with legal services for entrepreneurs since 2001
Lawyers and legal professionals.Direct contact with a specialist who thinks practically.
Fixed rates.Where possible, clarity regarding costs in advance.
Within 4 hoursWe respond quickly to your request.
  • We worked for, among others:
  • MKBjuristen.nl partner
  • MKBjuristen.nl partner
  • MKBjuristen.nl partner
  • MKBjuristen.nl partner

We worked for, among others:

An incorrect document often provides a false sense of security.
You think everything is taken care of, but only discover whether the document actually works during a conflict or claim.

1

Free intake

We discuss your company, the purpose of the document, and the key risks.

2

Draft or check

We draft a custom document or review your existing document legally.

3

Final version

You will receive a final version with instructions on correct usage.

Mr. Jaime Boogaers
Mr. Jaime Boogaers
Corporate Law
Attorney, 16 years of experience

A legal document must not only be legally correct. Above all, it must align with how the entrepreneur will actually use the document

  • Lawyers and in-house counsel
  • Active since 2001
  • Affordable custom legal services
  • Always focused on practical use

Choose Tailored Legal Solutions

Choose whether you want to have the document drafted, checked, or modified. Prices and options vary per document.

From 99
Customization
from 99.- per document

Do you already have a document, but are unsure if it is still correct? We check content, risks, and practical usability.

from 249.- per document

Is your document outdated, copied, generated with AI, or no longer suitable? We check and adjust the document.

About us

Our expertise

Our lawyers and in-house counsel specialize in drafting, reviewing, and amending legal documents and contracts. We look not only at the legal text but also at how you use the document in practice.

Custom solutions for your industry

Every business operates differently. That is why we take your industry, customers, working methods, and specific risks into account.

Our facts

  • Active since 2001
  • Lawyers and in-house counsel
  • Fixed rates in advance
  • Tailored legal solutions for entrepreneurs
  • Thousands of agreements per year
  • Customization
  • About us
from 99.- per document

Do you already have a document, but are unsure if it is still correct? We check content, risks, and practical usability.

  • Our legal expert spends 0.5 to 1.5 hours on the check
  • Telephone intake with a lawyer
  • Checks on content, risks, and practical usability
  • Attention to liability, payment, and termination
  • Concrete points for improvement and legal advice
  • Delivered within 3 working days, express delivery possible
from 249.- per document

Is your document outdated, copied, generated with AI, or no longer suitable? We check and adjust the document.

  • Our legal expert spends 1.5 to 2.5 hours checking and making adjustments
  • Telephone intake with a lawyer
  • Verification of the existing document
  • Adaptation to your business and working methods
  • Suitable for new services, customers, or risks
  • Delivered within 5 working days, express delivery possible

About us

Our expertise

Our lawyers and in-house counsel specialize in drafting, reviewing, and amending legal documents and contracts. We look not only at the legal text but also at how you use the document in practice.

Custom solutions for your industry

Every business operates differently. That is why we take your industry, customers, working methods, and specific risks into account.

Our facts

  • Active since 2001
  • Lawyers and in-house counsel
  • Fixed rates in advance
  • Tailored legal solutions for entrepreneurs
  • Thousands of agreements per year

Reviews (21)

Sarah

It was great that we could immediately brainstorm about the best approach. The attention to detail when reviewing the fine print was phenomenal. Fantastic value for money for this level of expertise.

Amber

The process went smoothly and was well-organized. The price-quality ratio was good. Everything was delivered neatly and on time.

Jesse

We came in with a vague idea, but were immediately presented with concrete steps. The document was legally well-substantiated. The final result aligns 100% with our high standards.

Milan

From day one, there was open and honest communication. The lawyer pointed out aspects we hadn't considered ourselves. These documents will undoubtedly save us a lot of headaches in the future.

Sami

The proactive approach began even before the quotation was signed. The structured way of working ensured that no details were overlooked. The quality fully met our expectations.

Soufian

The nuances of our business operations were listened to carefully. The setup of the cooperation agreement was logical and very well structured. It is clear that they have a passion for entrepreneurship.

Jeroen

Excellent communication and a carefully drafted document. We received a clear explanation of the risks. Fantastic value for money for this level of expertise.

Adil

It was immediately clear which steps we needed to follow. It was very pleasant that we could review the drafts digitally and quickly. Our customers are responding positively to the clear general terms and conditions.

Sara

The intake was not only informative, but we learned a lot right away. We received an excellent explanation of the implications of the applicable law in our international contracts. The service was professional and personal.

Judith

The initial meeting confirmed that we had made the right choice. Our questions were answered calmly and clearly. Fantastic value for money for this level of expertise.

Patrick

From the intake, it was clear what we could expect. The lawyer's patience in explaining the liability clauses was admirable. Everything was delivered neatly and on time.

Selma

The clear start gave us a lot of confidence for the rest of the process. Legal jargon was avoided where possible or explained in understandable language. These documents will undoubtedly save us a lot of headaches in the future.

Chaimae

Very clear and professional guidance. The lawyer showed great commitment to safeguarding our interests. It is clear that they have a passion for entrepreneurship.

Jasper

The commitment to our case was palpable from the very first minute. They considered not only preventing disputes but also their practical solutions. The service was professional and personal.

Marco

I couldn't see the wood for the trees, but the first meeting immediately provided clarity. The documents were neatly formatted and delivered directly in our house style. Everything was delivered properly and on time.

Amin

We quickly gained the certainty we were looking for. Reviewing and editing our general terms and conditions has significantly improved the quality. A party that delivers on what it promises on its website.

Rania

The openness regarding the expected result was very welcome. The weekly update emails provided a nice sense of control over the process. A party that delivers on what it promises on the website.

Sophie

The start of the collaboration was exceptionally smooth. The language in the contract was modern and clear, without archaic terms. Fantastic value for money for this level of expertise.

Demi

The intake was personal and concrete. They flawlessly managed to expose the pain points in our current contract. Fantastic value for money for this level of expertise.

Jessica

They acted quickly and worked meticulously. The sharpness in the negotiations with our opposing counsel was impressive. It is clear that they have a passion for entrepreneurship.

Maha

The intake was personal and concrete. The fixed price upfront instilled confidence. The final result aligns 100% with our high standards.

Meet our office

Our ContractCheck, simply explained what can all go wrong.

Why MKB Juristen?

Since 2001, we have been active as a no-nonsense legal firm for entrepreneurs. We quickly get to the heart of the matter: with a thorough assessment, clear answers, and a document that works practically.

  • Nationwide coverage
  • First consultation free and without obligation
  • Fixed rates where possible
  • Affordable legal advice from lawyers and legal experts
  • Always a response within 4 hours

First, see how we work

A legal document requires trust. You see immediately who we are, how we help entrepreneurs, and why we do not work with standard templates.

  • You can view our working method before submitting an application
  • You will get a feel for the office and the people faster
  • The video supports the choice for customized legal solutions
  • After that, you can immediately request a quote or intake

What you can expect from us

We translate your situation into a legal document that you can actually use. You won't receive a loose template, but a document tailored to your business, agreements, and risks.

  • A clear roadmap: intake, concept, revision round, and final version
  • Practical explanation on how to use the document
  • Legal attention to liability, payment, and termination
  • Where possible, provide clarity in advance regarding price and delivery time
Are you unsure whether you should have the document drafted, checked, or amended?
During the initial consultation, we will determine the sensible course of action together. Afterward, you will know exactly where you stand.

Why customization?

A legal document only works well if it aligns with your business, agreements, risks, and industry. That is why we do not work with a standard generator, but with legal experts who assess your situation.

  • Prepared for your company
  • Telephone consultation included
  • No standard template
  • Review by legal specialists

What do you get?

You will receive a legal document that is practical and aligns with the agreements you wish to make.

  • Draft document or legal review
  • One adjustment round
  • Clear explanation where necessary
  • Fixed price where possible

The founders of MKB Juristen

Our organization consists of several small teams working within various legal fields. Each legal field has its own senior in-house counsel and/or lawyers.

Denian Wielhouwer

Corporate lawyer in corporate law & business expert

Denian Wielhouwer

Annelore Hendriks

Corporate lawyer, corporate law, administrative law

Annelore Hendriks

Ilja van Driel

Corporate law attorney, employment law

Ilja van Driel

Jaime Boogaers

Corporate law, ICT & privacy law, energy law attorney

Jaime Boogaers
Custom choices

Which choices determine the content?

The content of a debt waiver agreement depends on a few key questions. The answers determine whether you need a brief confirmation or a more extensive arrangement.

Choice or question Why this matters legally
Is the claim fully or partially waived? In the case of partial remission, it must be precisely recorded which part is waived and what the debtor still owes.
Is the waiver conditional? A conditional waiver (for example, only after payment of a settlement amount) requires a clear condition and the moment at which the relinquishment becomes final.
Is this a business arrangement or a gift? If there is no consideration, the remission may be considered a gift (Article 7:175 of the Dutch Civil Code), with potential tax consequences. This must be carefully considered.
Do the parties want final discharge? With a final discharge, you exclude further mutual claims; without that provision, room remains for later disputes.
Are there multiple debtors or securities? In the case of joint and several liability, suretyship, or pledge and mortgage rights, it must be arranged whether the waiver also applies to them.
Clauses and provisions

Which components belong in a debt waiver agreement?

Under Dutch law, the remission of a claim is concluded as an agreement: the creditor waives his right to claim and the debtor accepts this (Article 6:160 of the Dutch Civil Code). A good agreement sets out not only that waiver, but also the scope, the conditions, and the consequences. The following elements belong in it.

Provision Relevant to Legal point of attention
Parties and capacity Always Full details of creditor and debtor, with the correct authorized signatory, so that the waiver is legally valid.
Description of the claim Always The claim being waived, with the amount, basis for its origin, and where applicable the invoice or loan number, so that there is no misunderstanding regarding what is being waived.
Scope of the waiver Always Whether the claim is waived in full or in part, and what happens to interest, costs, and any remaining debt.
Terms and Conditions If applicable Whether the waiver is unconditional or only takes effect upon, for example, payment of a settlement amount or a partial payment.
Final discharge Recommended Declaration that, after execution, the parties have no further claims against each other with respect to this claim.
Tax and accounting treatment Recommended Agreement on how the parties process the waiver and who is responsible for their own tax consequences.
No intention to donate If for business purposes Recording that the waiver is a commercial arrangement and is not intended to confer a benefit, in order to prevent disputes regarding a gift (Article 7:175 of the Dutch Civil Code).
Final provisions Always Applicable law, competent court, date and signature by both parties.
Use in practice

How do you use this document correctly?

A waiver only takes effect if the debtor accepts the waiver and the document is handled carefully. Follow the steps below.

Situation What should you do? Point of attention
For signature Check the claim: amount, basis, and whether any interest or costs are outstanding. This way, you avoid forgiving more or less than intended.
When drafting Have both parties sign, so that the debtor expressly accepts the waiver. Waiver is an agreement (Article 6:160 of the Dutch Civil Code); a unilateral declaration is insufficient.
After signing Keep the signed copy and process the waiver in your records. You have proof of distance and your accounting aligns with the actual situation.
In the case of conditional remission Confirm in writing when the condition has been fulfilled. Only then is the claim definitively waived and the final discharge established.
Common mistakes

Common mistakes

When writing off a debt, things often go wrong on points that are difficult to rectify afterwards. These are the most common mistakes.

Wrong Consequence Better approach
Verbal forgiveness only No proof of scope or conditions, with subsequent discussion. Always record the waiver in writing and signed by both parties.
Describe the claim too vaguely It is unclear exactly which claim lapses. State the amount, basis for the claim, and invoice or loan number.
Forgot interest and costs The principal has been waived, but interest and collection costs continue to accrue. Specify expressly whether interest and costs are waived.
Overlooking a donation Unintended gift with tax consequences (Article 7:175 of the Dutch Civil Code). Clarify whether the waiver is for business purposes or a gift, and coordinate the tax treatment.
Do not include a final discharge A party may still file a claim later. Include a final discharge clause so that the parties have no further claims against each other.
Risk profile

What is your situation and what do you pay attention to?

The importance of a good waiver agreement varies by situation. If you recognize your case, you know where to focus your attention.

Risk profile Example Focus in the document
Write off bad debt You estimate that a debtor is no longer able to pay and wish to let the claim lapse. Document the waiver and final discharge and ensure that the tax write-off aligns.
Settlement after dispute The parties reach an arrangement whereby part of the claim is waived. Combine the waiver with clear conditions and mutual final discharge.
Loan within the family or business You forgive a loan to a family member, co-shareholder, or your own private limited company. Carefully assess the gift aspect (Article 7:175 of the Dutch Civil Code) and the tax consequences.
Partial waiver under payment arrangement The debtor pays a part; you forgive the rest. Make the waiver conditional on the agreed (partial) payment and set the remaining amount.
Additional documents

When is this document not enough?

A waiver settles a claim, but sometimes there is more involved. In these situations, you need an additional or different document.

Situation Supplementary document Why
The claim arises from a loan that you wish to adjust rather than let lapse Loan agreement If you wish to continue the loan or change the terms, you amend the loan agreement instead of writing it off.
The debtor is not paying, and you wish to collect the debt Debt collection As long as you are pursuing payment, collection is the route; forgiveness is only an option if you consciously wish to relinquish the claim.
You are unsure about the legal consequences or tax risks Legal assistance If in doubt regarding a gift, security, or joint and several liability, have the arrangement legally reviewed in advance.
Explanation of this document

Drafting a debt waiver agreement, why?

Not every entrepreneur knows exactly what a debt waiver agreement is, when you need one, and which risks they must cover. That is why we explain below what this document entails, what you should look out for, and why customized legal advice is important.

What is a debt waiver agreement?
An agreement for the remission of a claim is an agreement whereby a creditor waives their right to performance of an existing claim — they discharge the debtor from the obligation to pay or otherwise perform. Pursuant to Article 6:160 of the Dutch Civil Code, the remission takes effect upon acceptance by the debtor. Remission may relate to an entire claim or to a part thereof. It differs from final discharge in that remission always relates to a specifically defined claim, whereas final discharge relates to all possible reciprocal claims — even unknown ones. The remission agreement is concluded in debt restructuring, the settlement of shareholder relations, commercial settlements, and the final settlement of employment relationships. Our lawyers draft a remission agreement for you that accurately describes the claim to be remitted, addresses the tax implications, and functions correctly as part of a broader settlement or winding-up agreement.
What are the tax consequences of debt forgiveness for the debtor?
The remission of a claim has taxable consequences for the debtor-entrepreneur. In principle, the remitted debt constitutes profit for the debtor—after all, an obligation has been remitted. Pursuant to Article 3.13 of the Income Tax Act 2001, remission profit is exempt from income tax to the extent that the profit exceeds the deductible losses—the remission profit facility. A similar exemption applies to corporations under corporate income tax. In the case of remission by a shareholder of a claim against his BV: the remission can be regarded as an informal capital contribution equal to the remitted claim, which affects the acquisition price of the shares. Our lawyers advise you on the tax consequences of the remission before the agreement is concluded.
How does it work at MKBjuristen?
After a brief intake, our lawyers draft a debt waiver agreement that accurately describes the claim, addresses the tax implications, and aligns correctly with the broader settlement or winding-up context.
Are you unsure whether your document is legally correct? We would be happy to assess the sensible course of action: drafting, reviewing, or amending.
Request a quote

Why not use a standard document?

A standard document often seems like a quick solution, but usually does not fully align with your company, agreements, risks, and way of working. Our legal experts draft documents that fit your situation.

Standard document
SME Lawyers
Not tailored to your business
Tailored to your company, industry, and working methods
No control over your specific situation
Consultation with a lawyer and assessment of your risks
Possibly outdated or incomplete
Verification of current and practical provisions
No personal explanation
Explanation regarding the use of the document

A standard document seems cheap, until it doesn't fit your situation properly. That is why we provide custom legal solutions tailored to your business.

Custom solutions per industry and company

Every business operates differently and faces different legal risks. Therefore, we tailor the document to your industry, customers, agreements, and way of working.

Webshops & e-commerce

Focus on online sales, delivery, returns, complaints, payment, digital products, and consumer regulations.

Business services

Attention to the assignment, additional work, liability, payment, termination, and reliance on client information.

Construction, installation & execution

Attention to planning, delivery, warranties, additional work, materials, delays, and liability risks.

Software, SaaS & digital services

Attention to licenses, availability, support, updates, data, intellectual property, and limitation of liability.

Trade, supply & wholesale

Attention to delivery, transport, payment, retention of title, warranties, delivery times, and international agreements.

Consultants, freelancers & advisors

Attention to scope, best efforts obligations, cancellation, payment, liability, and confidential information.


A legal document only has value if it suits your practice. That is why we look not only at the text, but also at how you use the document in your business.

Common mistakes with legal documents

A legal document often seems simple, but small errors can have major consequences later on. In practice, we see that entrepreneurs run the greatest risk when a document does not align well with their business, agreements, or way of working.

  • Using a standard document that does not suit the company
  • Forgot important agreements regarding payment, delivery, liability, or termination
  • Have a document generated without legal review
  • Continuing to use old documents while the company has changed
  • Not knowing how the document should be used correctly in practice

A legal document only prevents problems if it suits your situation. That is why we look not only at the text, but also at your company, agreements, and risks.

Why is a standard document often not enough?

Because a standard document does not take into account your industry, customers, risks, and specific agreements, important provisions may be missing or not align well with your practice.

Can I create a legal document myself using AI?

AI can assist in creating text, but does not independently assess whether the document is legally appropriate, complete, and usable for your business. Legal review therefore remains important.

When do I need to have my document checked?

Have your document checked if your business has changed, you have new customers or services, you have doubts about existing agreements, or the document has not been updated for a long time.

Will I also receive an explanation about the use of the document?

Yes. We explain how to use the document in practice, what to look out for, and which steps are important to prevent disputes afterwards.

Contact us

Annelore Hendriks

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SME Lawyers at the Chamber of Commerce Source: Chamber of Commerce 2019
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