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Draftingcurrentaccountagreement a

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SME Lawyers

A template from the internet usually does more harm than good.
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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.

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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 current account relationship appears administratively simple, but can become legally and fiscally risky if the limit, interest, repayment, and callability are not established in a businesslike manner. Written documentation is particularly important for director-major shareholders and group companies

  • For Directors-Major Shareholders, Private Limited Companies, shareholders, group companies, entrepreneurs, and business associates
  • Attention to balance, limit, interest, withdrawals, deposits, repayment, and callability
  • Collateral, settlement, tax considerations, administration, and termination arranged
  • Practically applicable to director-major shareholder current accounts, intercompany relationships, and business cash flows

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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 in current account agreements

Our lawyers and in-house counsel assist director-major shareholders, private limited companies, shareholders, holding companies, operating companies, and entrepreneurs with current account agreements, loans, shareholder agreements, collateral, and termination. We examine balances, limits, interest, withdrawals, repayment, enforceability, collateral, set-off, taxation, administration, and exit.

Custom solutions for your current account position

A current account between a director-major shareholder and a private limited company, a holding company and an operating company, group companies, or business partners does not require the same agreements. Therefore, we tailor the agreement to the balance, risk, tax position, collateral, and desired phase-out.

Our facts

  • Active since 2001
  • Lawyers and in-house counsel
  • Experience in corporate law, employment law, contract law, and commercial services
  • Attention to practical operation, risks, and enforceability
  • Fixed rates in advance where possible
  • 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 in current account agreements

Our lawyers and in-house counsel assist director-major shareholders, private limited companies, shareholders, holding companies, operating companies, and entrepreneurs with current account agreements, loans, shareholder agreements, collateral, and termination. We examine balances, limits, interest, withdrawals, repayment, enforceability, collateral, set-off, taxation, administration, and exit.

Custom solutions for your current account position

A current account between a director-major shareholder and a private limited company, a holding company and an operating company, group companies, or business partners does not require the same agreements. Therefore, we tailor the agreement to the balance, risk, tax position, collateral, and desired phase-out.

Our facts

  • Active since 2001
  • Lawyers and in-house counsel
  • Experience in corporate law, employment law, contract law, and commercial services
  • Attention to practical operation, risks, and enforceability
  • Fixed rates in advance where possible

Reviews (21)

Eline

We immediately clicked well with the lawyer who assisted us. We received excellent advice regarding the division of intellectual property rights. Our clients respond positively to the clear general terms and conditions.

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Kevin

Our company was carefully inquired about. The guidance during the drafting of the general terms and conditions was invaluable. The quality fully met our expectations.

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Reda

The decisiveness during the first meeting was very pleasant. They immediately understood where the sensitivities lay within our collaboration. Our customers are responding positively to the clear general terms and conditions.

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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.

Nienke

It was a relief to speak with lawyers who speak our language. Their input regarding the termination clauses saved us from future problems. The service was professional and personal.

Oussama

It was immediately apparent that the lawyer had extensive experience in our sector. The telephone consultation regarding the final details provided just that little bit of extra confidence. The final result aligns 100% with our high standards.

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We were given the space to tell our entire story without being interrupted. The process was completely digital and frictionless, which saved us a lot of time. The quality fully met our expectations.

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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
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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.

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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 your current account agreement depends on the relationship between the parties and the tax context. These choices determine its structure.

Choice or question Why this matters legally
Who are the parties? A director-major shareholder account with one's own private limited company requires strictly business terms, whereas a relationship between independent enterprises is primarily structured commercially.
What interest rate is commercial? Determine a market-rate interest; interest that is too low or missing may be adjusted for tax purposes as disguised wages or dividends.
How high can the balance become? Choose a credit limit that matches the repayment capacity; a high, uncontrollable balance increases the risk of reclassification and uncollectibility.
When is repayment due? Determine whether a fixed repayment applies or if the balance may remain open, and what period for catching up is reasonable.
Are guarantees necessary? Assess whether a pledge or suretyship is necessary to secure repayment, especially in the case of accumulating or prolonged debit balances.
Clauses and provisions

Which components belong in a current account agreement?

A comprehensive current account agreement regulates the recurring balance, credit limit, arm's length interest rate, enforceability, and any collateral. The components below form the core.

Provision Relevant to Legal point of attention
Parties and relationship At the start Name the creditor and debtor, their mutual relationship (e.g., Director-Major Shareholder and BV), and the purpose of the current account relationship.
Credit limit At the start Set the maximum debit balance and determine the consequences if the limit is exceeded.
Interest Continuous Agree on an arm's length, market-rate interest rate, including the method of calculation, the timing of crediting, and payment.
Transactions and balance Continuous Describe which withdrawals and deposits are permitted and how the balance is administered and periodically confirmed.
Repayment Ongoing or end of term Rule on whether and how repayment is to be made and within what period a debit balance must be cleared.
Enforceability and termination During certain events Determine when the balance is immediately due and payable, for example in the event of bankruptcy, termination of employment, or termination of shareholding.
Guarantees At the start or upon increasing balance Record any securities, such as a pledge or suretyship, to secure repayment.
Final provisions At the start Rule regarding applicable law, competent court, amendments, and the consequences of termination of the relationship.
Use in practice

How do you use this document correctly?

A current account agreement only works if it matches the actual cash flows and is properly maintained. Follow these steps.

Situation What should you do? Point of attention
Upon entering into the relationship Draft the agreement before the first recordings take place and have both parties sign it. Recording this retrospectively raises doubts about the business nature and the actual agreements.
Throughout the year Record all withdrawals and deposits consistently and calculate interest periodically. Up-to-date records make the balance verifiable and prevent tax disputes.
At the end of the financial year Confirm the balance in writing and include it in the annual accounts. A fixed balance prevents later disagreements about what is still owed.
In the event of change or termination Adjust the agreement in the event of changed arrangements and make arrangements for settlement at the end of the relationship. This ensures the document remains aligned with reality and the settlement is clear.
Common mistakes

Common mistakes

With current account relationships, things often go wrong regarding business conduct and administration. Watch out for these mistakes.

Wrong Consequence Better approach
Agreeing on no interest or an interest rate that is too low The Tax and Customs Administration may classify a withdrawal as disguised wages or dividends, resulting in an additional assessment. Agree on a market-rate interest rate and record the calculation in writing.
Do not set a credit limit The balance is accumulating uncontrollably and may become uncollectible or be adjusted for tax purposes. Determine a maximum debit balance that matches the repayment capacity.
Do not put anything in writing at all In the event of a dispute or audit, there is a lack of evidence of the agreements and the business nature of the matter. Record the agreements in a signed agreement before the first admission.
Do not confirm the balance annually Uncertainty regarding the balance leads to disputes and discrepancies with the annual accounts. Determine the balance annually in writing and record it in the accounts.
Do not arrange for repayment or enforceability The balance remains outstanding indefinitely and is difficult to recover in the event of bankruptcy or departure. Arrange a repayment schedule and clear grounds for enforceability.
Risk profile

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

The points of attention vary depending on the situation. Recognize your case and structure the agreement accordingly.

Risk profile Example Focus in the document
Director-major shareholder borrows from his own private limited company The director and majority shareholder withdraws funds from a current account with his company. Ensure a commercial interest rate, a reasonable limit, and repayment to prevent reclassification as salary or dividend.
Inter-group loan Group companies settle payments among themselves via current account. Establish the terms in a commercial manner and keep the balances strictly separate per company.
Accumulating, long-term debit balance The balance is growing and is not being repaid. Consider collateral and a concrete repayment schedule to limit non-collectibility.
Business transfer or departure of a shareholder The relationship ends through sale or withdrawal. Arrange in advance for the enforceability and settlement of the outstanding balance.
Additional documents

When is this document not enough?

A current account agreement regulates the ongoing financial relationship, but sometimes additional agreements are necessary.

Situation Supplementary document Why
Multiple shareholders with mutual agreements Shareholders' Agreement In addition to the monetary relationship, also specify control, dividends, and transfer of shares.
One-time loan with a fixed term and repayment Cooperation Agreement For a clearly defined loan or broader collaboration, a specific agreement is more appropriate than a revolving current account.
Balance is not refunded Debt collection In the event of non-payment, our debt collection agency helps to collect the outstanding balance.
Explanation of this document

Drafting a current account agreement, why?

Not every entrepreneur knows exactly what current account agreements are, when they are needed, and which risks they must cover. Therefore, we explain below what this document entails, what to look out for, and why customized legal solutions are important.

What is a current account agreement?
A current account agreement is an agreement in which two parties agree that their mutual claims will be settled periodically via a current account relationship, whereby the account balance reflects the net position of both parties at any given moment. The current account agreement is regulated in Article 6:140 of the Dutch Civil Code and is most commonly used in two contexts. In the legal relationship between a Director-Major Shareholder (DGA) and his private limited company (BV): the DGA withdraws funds from the BV or provides funds to the BV, and the balance is recorded in a current account. And in the commercial relationship between a wholesaler and its customers: claims and payments are not settled per transaction but are settled periodically via the current account balance. Our lawyers will draft a current account agreement for you that determines the interest on the balance in a tax-correct manner, clearly formulates the termination and callability provisions, and respects the DGA lending rules.
What tax risks are associated with a current account relationship with one's own BV?
The current account relationship between a director-major shareholder (DGA) and their private limited company (BV) is one of the most tax-sensitive relationships in SME practice. The Tax and Customs Administration assesses current account relationships for their arm's length nature: is there a market-rate interest, is there a repayment schedule, and are the withdrawals commercially justified? A current account without interest or with an interest rate that is too low can be classified as an informal capital contribution or a disguised distribution, resulting in taxation. As of January 1, 2023, the Excessive Borrowing from Own Company Act is in force: DGAs who have borrowed more than €700,000 from their BV as of December 31 — including the current account balance — are taxed on the excess amount in Box 2. Your current account agreement must set the interest rate at a market rate and contain a realistic repayment schedule. Our lawyers advise you on the tax structure.
How do you arrange the callability of the current account balance?
A current account agreement without a callability clause can be problematic in the event of bankruptcy: the bankruptcy trustee can immediately claim the BV's balance from the director-major shareholder if there are no clear agreements regarding the repayment term. Your current account agreement must specify the callability conditions: when is the balance immediately callable — upon death, bankruptcy, or resignation as director-major shareholder — and what notice period applies in the event of voluntary termination of the relationship? Our lawyers draft a callability clause that correctly protects the interests of both the BV and the director-major shareholder.
How does it work at MKBjuristen?
After a brief intake regarding the parties and the balance, our lawyers draft a current account agreement that determines the interest correctly for tax purposes, addresses the excessive borrowing threshold, contains the repayment schedule, and clearly formulates the enforceability.
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.

Tailored solutions for each current account situation

Not every current account carries the same risk. Therefore, we do not draft generic current account agreements, but tailor them to the parties, balance, interest rate, limit, and tax implications.

Director-major shareholder and private limited company

Attention to withdrawals, limit, commercial interest, repayment, excessive borrowing, and offsetting.

Holding and operating company

Attention to pass-throughs, management fees, interest, balance, and tax substantiation.

Group companies

Attention to intercompany balances, cash pooling, collateral, interest, and documentation.

Shareholder

Attention to dividends, loans, settlement, collateral, enforceability, and exit.

Business partners

Attention to invoices, advances, payments, balance statement, and final settlement.

Acquisition or exit

Attention to closing, redemption, settlement, guarantees, indemnities, and tax implications.


A current account agreement is intended to prevent cash flows from being deemed non-commercial, unclear, or uncollectible at a later stage. Therefore, we examine the balance, limit, interest, withdrawals, repayment, enforceability, collateral, set-off, and taxation.

Common mistakes in current account agreements

With current accounts, things often go wrong because the records show balances, but legal agreements are missing.

  • Do not draw up a written current account agreement
  • Do not include a commercial interest rate, credit limit, or repayment agreement
  • Do not define withdrawals, deposits, and allowed transactions
  • Do not annually confirm balance or provide administrative substantiation
  • Forgotten enforceability upon sale, dismissal, bankruptcy, or limit exceeding
  • Do not regulate securities, suretyship, pledge, or set-off
  • Underestimating DGA taxation, excessive borrowing, and disguised distribution
  • Do not include a final settlement upon termination, acquisition, or restructuring

Draft your current account agreement properly and avoid unnecessary problems in the future. Good agreements prevent disputes regarding balance, interest, withdrawals, repayment, taxation, collateral, and enforceability.

What is a current account agreement?

An agreement in which parties record an ongoing financial relationship whereby amounts are debited and credited back and forth.

When is a current account agreement necessary?

For current balances between, for example, a director-major shareholder and a private limited company, a shareholder and a company, or group companies.

Should interest be agreed upon?

Yes, a commercial interest rate is usually important to avoid civil and tax disputes.

What is the difference compared to a loan?

A current account relates to a fluctuating balance; a loan usually has a fixed principal amount and repayment schedule.

Can MKB Juristen review an existing current account agreement?

Yes. We check, among other things, the limit, interest, repayment, enforceability, collateral, set-off, and taxation.

Contact us

Annelore Hendriks

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