Custom legal document

Drafting a deed of assumption of debt

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SME Lawyers

Assumption of a debt only takes effect if the creditor consents.
Without his consent, the original debtor remains bound — and note: third-party securities, such as suretyship and pledge, often lapse upon assumption.

  • 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 199.- 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Is your document outdated, copied, generated with AI, or no longer suitable?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 199.- 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)

Marieke

The flexibility in scheduling an appointment was very pleasant. The atmosphere during the meetings was always relaxed but highly focused on results. A party that delivers on what it promises on its website.

Suzanne

From the intake, it was clear what we could expect. The content aligned well with our company. The document was flawlessly accepted by our investors.

Anouar

Scheduling the appointment went very smoothly and quickly. The legal language was strict and forceful where necessary, but lenient where possible. It is clear that they have a passion for entrepreneurship.

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.

Karim

They acted quickly when we indicated that it was urgent. They understood that, as a startup, we have different needs than an established corporate. These documents will undoubtedly save us a lot of headaches in the future.

Wessel

It was immediately a constructive and goal-oriented conversation. The interim evaluation ensured that we remained exactly on the same page. It is clear that they have a passion for entrepreneurship.

Amber

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

Loubna

The lawyer took a practical approach with our company. There was no unnecessary fuss about minor changes outside the scope. Fantastic value for money for this level of expertise.

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.

Mirjam

The contact felt professional and approachable. The feedback we received on our own concept was incredibly insightful and useful. A reliable partner striving for perfection in their documents.

Nathalie

There was immediate room for our own input and ideas. The explanation made the document understandable. Our business partners were impressed by the professionalism of the contracts.

Max

We quickly received a clear and competitive quote. The review gave us more certainty before we started using the document. Everything was delivered neatly and on time.

Khalid

The initial sketch of the approach aligned seamlessly with what we had in mind. Despite the tight deadline, there was no compromise on care and quality. The final result fully meets our high standards.

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.

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.

Inge

We quickly received the right guidance in a legal landscape unfamiliar to us. Throughout the process, we were constantly kept well informed of the progress. The final result aligns 100% with our high standards.

Emre

Action was taken quickly and work was carried out meticulously. The discussion regarding specific non-compete clauses was handled very professionally. Our clients respond positively to the clear general terms and conditions.

Laurens

I am extremely pleased with the quick and adequate initial response. The process was organized in such a way that we achieved maximum output with minimal effort. The document was accepted flawlessly by our investors.

Julia

A very smooth onboarding as a new client. The lawyer showed great commitment to safeguarding our interests. The quality fully met our expectations.

Joris

We needed tailored legal advice quickly and received excellent assistance. The sharpness in the negotiations with our opposing counsel was impressive. The quality fully met our expectations.

Karlijn

We were pleasantly surprised by the proactive initial approach. We didn't just receive a standard template, but true custom work for our general partnership. It is clear that they have a passion for entrepreneurship.

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 appropriate structure depends on the debt and the parties involved. These choices determine the content.

Choice or question Why this matters legally
Does the creditor give permission now or in advance? That determines the moment of transfer and the method of notification.
Are there any third-party guarantees? Surety and pledge lapse, unless the security provider consents to their retention.
Is it about the debt or the entire contract? In the case of a complete agreement, assignment of the contract (Article 6:159 of the Dutch Civil Code) is required.
Do you want to completely discharge the previous debtor? Explicitly stipulate that he is released after the takeover.
Do the parties agree on compensation among themselves? Regulate the mutual relationship and any indemnification.
Clauses and provisions

What belongs in a deed of debt assumption?

These are the elements that make a debt assumption legally valid and watertight, with the points of attention our legal experts focus on.

Provision Relevant to Legal point of attention
Parties Always Name the old debtor, the acquiring third party, and the creditor.
Description of the debt Always Describe the debt to be assumed accurately (amount, basis, enforceability).
Creditor's consent Always The assignment only takes effect against the creditor after his consent (Article 6:155 of the Dutch Civil Code); record this in writing.
Moment of transition Always Determine when the debt transfers, especially in the case of consent in advance.
Ancillary rights and securities Always Suretyships and pledges by third parties lapse, unless the security provider consents to their maintenance (Article 6:157 of the Dutch Civil Code).
Means of defense Recommended The new debtor may invoke the defenses arising from the legal relationship.
Indemnification and mutual relationship Recommended Record what the old and new debtors agree upon mutually.
Applicable law Always Choose Dutch law and the competent court.
Use in practice

How do you correctly use a deed of assumption of debt?

The deed is only effective if the consent and notification are correct. Please note the following.

Situation What should you do? Point of attention
Before the transition Request and record the creditor's permission Without permission, the acquisition has no effect against him.
Regarding securities Obtain consent from guarantor and pledgor for enforcement Otherwise, the certainty lapses.
By notification Notify the creditor in writing Especially in the case of consent in advance, this determines the moment of transfer.
After menopause Confirm the release of the old debtor Avoid discussion about whether he is still bound.
Common mistakes

Common mistakes during a debt assumption

We see these errors most often, with major consequences for the functioning of the acquisition.

Wrong Consequence Better approach
No permission from the creditor The takeover does not apply to him Arrange and record consent in advance.
Forgotten certainties Surety and pledge expire unnoticed Seek the consent of the security provider.
Confusing assumption of debt with assignment Wrong document, wrong effect Distinguish between the debt side and the claim side.
Do not expressly release the old debtor Discussion on continuing commitment Explicitly documenting the liberation.
Using an internet model Does not fit with the debt and securities Tailored to the specific situation.
Risk profile

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

The emphasis varies from case to case. If you recognize your situation, you know where the focus should lie.

Risk profile Example Focus in the document
Acquisition within a group Debt shifts to a group company Creditor's consent and retention of security interests.
Business acquisition Buyer assumes debts Definition of which debts are transferred and indemnities.
Debt with surety or collateral Third place is certain Consent of the surety for maintenance.
Private or business creditor Different interests Clear notification and recording of consent.
Additional documents

What else do you need in addition to this deed?

The deed of debt assumption regulates the debt side. In these situations, you need a different document.

Situation Supplementary document Why
You specifically want to transfer a claim Deed of assignment For the transfer of a claim to a third party.
You wish to be replaced under an existing contract Substitution For taking over a position in a (lease) agreement.
The debt arises from a loan Loan agreement For recording or modifying the underlying loan.
Explanation of this document

Drafting a deed of assumption of debt, why?

Not every entrepreneur knows exactly what a deed of debt assumption 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 deed of assumption of debt?

With a deed of assumption of debt, a third party assumes the debt of the original debtor (Article 6:155 of the Dutch Civil Code). The new debtor takes the place of the old one. Important: the assumption only takes effect against the creditor once the latter consents to it, after having been notified of the assumption.

Why is permission from the creditor required?

The creditor is faced with a different debtor who may offer less security. Therefore, a debt assumption only takes effect against him if he gives his consent. This consent is not subject to any formal requirements, but always record it in writing for added security.

Pre-emptive consent

The creditor may also give consent in advance. The transfer then takes place as soon as the old and the new debtor agree and notify the creditor of the takeover in writing. Consent given in advance is in principle irrevocable, unless the creditor has reserved the right to revoke it.

What belongs in the deed?

The deed names the parties, the exact debt being assumed, the time of transfer, and the (method of) consent of the creditor. Agreements regarding ancillary rights and securities must also be included, as sureties and pledges of third parties lapse upon assumption of the debt, unless the security provider consents to their continuation.

Difference with assignment and contract assignment

Assumption of debt concerns the debt aspect; with a deed of assignment, you transfer a claim. If you wish to transfer an entire agreement—rights and obligations together—this is referred to as assignment of contract (Article 6:159 of the Dutch Civil Code), for which the cooperation of the counterparty is required.

Have a deed of assumption of debt drawn up

Our legal experts draft a watertight deed of debt assumption, with the proper consent and attention to securities, ensuring the transfer is truly effective against the creditor. Fixed price in advance and a free consultation.

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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