Custom legal document

Loan guarantee-an agreement drafting

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SME Lawyers

Don't take a gamble on this: holes in a self-made document have major consequences.
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  • Truly Tailor-Made Legal Solutions
  • Fixed rates
  • Pay later after draft
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  • 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Is your document outdated, copied, generated with AI, or no longer suitable?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)

Ilyas

I received a call back within half an hour of my online request. There was room for our specific wishes. Fantastic value for money for this level of expertise.

Maha

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

Saar

We received pleasant assistance from the very first contact. They did not make things unnecessarily difficult regarding minor changes outside the scope. The document was accepted flawlessly by our investors.

Rik

Practical advice that we could immediately put into practice. The expertise regarding e-commerce legislation was clearly the added value in this process. Our clients are responding positively to the clear general terms and conditions.

Nour

The personal touch during the initial meeting was a major plus. Every adjustment we wanted was incorporated seamlessly and legally correctly. Everything was delivered neatly and on time.

Robert

The communication was smooth and professional. The final document looked professional. These documents will undoubtedly save us a lot of headaches in the future.

Raymond

Our assignment was accepted with great enthusiasm and professionalism. The setup of the cooperation agreement was logical and very well structured. The quality fully met our expectations.

Safae

The direct contact and the absence of hidden costs were the deciding factors. We were also able to ask questions after the initial consultation. Fantastic value for money for this level of expertise.

Mehdi

Smooth communication and a clear proposal in the mailbox immediately. The review of our English contract was incredibly detailed and accurate. A reliable partner that strives for perfection in their documents.

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.

Walid

The first impression was simply excellent. The service felt personal and reliable. The service was professional and personal.

Rana

Clear agreements and a neat delivery. The price-quality ratio was good. These documents will undoubtedly save us a lot of headaches in the future.

Ibrahim

We really appreciated the transparency regarding the costs upfront. The aftercare and the opportunity to ask brief questions were perfectly arranged. A reliable partner that strives for perfection in their documents.

Brahim

It was nice that potential pitfalls were proactively considered. The document was legally well-substantiated. Our business partners were impressed by the professionalism of the contracts.

Karima

Excellent communication and a carefully drafted document. The attention to detail when reviewing the fine print was phenomenal. The quality fully met our expectations.

Niels

The lawyer took the time to explain everything thoroughly. The content was a good fit for our company. A party that delivers on what they promise on their website.

Ruben

The process went smoothly and was well-organized. Ample time was taken to discuss the various options and their implications. A party that delivers on what it promises on its website.

Lotte

It felt good to be able to hand over the legal concerns immediately. We were able to easily add comments to the draft using a convenient system. Our business partners were impressed by the professionalism of the contracts.

Manon

They really thought along with our situation. It was nice that they didn't charge by the hour for a simple extra question. Our customers respond positively to the clear general terms and conditions.

Rayan

The speed of action pleasantly surprised us. The review gave us more certainty before using the document. These documents will undoubtedly save us a lot of headaches in the future.

Gijs

From the very first moment, we felt heard. It was nice that we could call in immediately if anything in the draft was unclear. Our business partners were impressed by the professionalism of the contracts.

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?

Before drafting the suretyship, you make several choices that determine the extent of the risk and enforceability. The following questions will help you with this.

Choice or question Why this matters legally
Is the guarantor acting for business or private purposes? A private guarantor enjoys additional legal protection, including the requirement of consent from the spouse or partner and, in the case of a fixed amount, a maximum. A business guarantor (for example, a director-major shareholder for their private limited company) usually does not have this protection.
For what amount is the deposit guaranteed? Do you opt for a guarantee up to the full debt or for a fixed maximum amount? A maximum makes the risk for the guarantor manageable and prevents unlimited liability.
When may the lender claim against the guarantor? Determine whether the guarantor is only called upon after the principal debtor is in default and has been formally notified, or whether the lender can immediately choose who to approach.
Does the guarantee apply temporarily or for the entire term? A time-bound guarantee limits the risk but must align with the term of the loan to prevent coverage gaps.
Does the guarantor seek recourse against the principal debtor? Explicitly stipulate the right of recourse, so that the guarantor who pays can recover the amount from the principal debtor.
Clauses and provisions

What components belong in a surety loan agreement?

A watertight guarantee specifies exactly who is responsible for what and under what conditions the lender can call upon the guarantor. The components below belong in virtually every guarantee accompanying a loan.

Provision Relevant to Legal point of attention
Parties and capacity Always State the lender, the principal debtor, and the guarantor with full details and in what capacity they are acting (business or private).
Description of principal obligation Always Refer to the loan agreement being guaranteed, including principal, term, and interest, so that it is clear which debt the guarantor covers.
Amount and scope of the guarantee Always Specify the maximum amount for which the surety is liable and whether this also includes interest, costs, and penalties.
Duration and termination of the suretyship Always Determine whether the guarantee applies for the entire term or a fixed period, and when the obligation ends.
Conditions for claim Often Describe when the lender may call upon the guarantor, for example, only after default and a formal notice to the principal debtor.
Spouse/partner consent With private surety For a guarantee outside of a profession or business, the consent of the spouse or registered partner is in principle required.
Recourse and subrogation Recommended Arrange that the guarantor who pays can recover their payment from the principal debtor.
Signature and date Always The guarantee must be signed and dated by the guarantor to be verifiable.
Use in practice

How do you use this document correctly?

A guarantee only has value if it is properly established and carefully stored. With the following steps, you use the document correctly.

Situation What should you do? Point of attention
For signature Have the guarantor carefully read through the loan agreement and the guarantee and, if necessary, have them legally reviewed. The guarantor must fully understand the scope of his liability before signing.
With a private guarantor Request written permission from the spouse or registered partner. The suretyship may be annulled without permission.
Upon signing Have all parties sign and date, and keep the original. A signed and dated document is essential as proof of the agreement.
After signing Keep the guarantee together with the loan agreement and subsequent amendments. In the event of a dispute, you must be able to quickly demonstrate the connection between the loan and the guarantee.
Common mistakes

Common mistakes

With guarantees, things often go wrong on points that only become apparent upon default. You regularly see the following errors.

Wrong Consequence Better approach
No permission from the partner of a private guarantor The guarantee can be annulled by the partner, causing the security to disappear. For a private guarantor, always obtain written permission from the spouse or registered partner in advance.
No maximum amount agreed upon The deposit may be claimed for an unexpectedly high amount, including interest and costs. Agree on a clear maximum amount and specify whether interest and costs are included.
It is unclear when the deposit may be used Dispute and delays in collection, because it is unclear whether the principal debtor must be approached first. Set down the conditions for entitlement, for example, only after default and a demand for payment.
No right of recourse arranged The guarantor who pays is having difficulty recovering his payment from the principal debtor. Include an explicit recourse provision.
Oral or poorly documented agreements In the event of a dispute, it is difficult to prove exactly what the guarantor was responsible for. Record the guarantee in writing and have it signed by the guarantor.
Risk profile

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

The points to consider regarding a guarantee vary significantly depending on the situation. Below, you will see what to look out for in common cases.

Risk profile Example Focus in the document
Director-major shareholder acts as guarantor for his own private limited company The director/shareholder guarantees a business loan of his company. This is typically a corporate guarantee without the protection of personal guarantors; note the personal consequences in the event of the BV's bankruptcy.
Private individual acts as guarantor for family or friend A private individual guarantees a loan outside of a profession or business. Partner consent and a clear maximum amount are especially important here.
Bank requires guarantee for business financing A lender wants additional security on top of the loan. Critically assess the size and duration of the deposit and negotiate a maximum amount.
Guarantee for a loan between businesses An enterprise guarantees the loan of an affiliated or friendly enterprise. Pay attention to the conditions for the claim and the right of recourse between the companies.
Additional documents

When is this document not enough?

A guarantee provides additional security, but not all agreements regarding the loan or the underlying collaboration. You will need additional documents or assistance in the following situations.

Situation Supplementary document Why
Situation Related document Explanation
The guarantee is linked to agreements between shareholders regarding financing and collateral Shareholders' Agreement Record the mutual relationships and financing arrangements between shareholders in a shareholders' agreement.
The loan and guarantee arise from a collaboration between the parties Cooperation Agreement Documenting the broader collaboration prevents ambiguity regarding roles and obligations.
The principal debtor is not paying and you want to collect the debt Debt collection In the event of non-payment, you can have the claim against the principal debtor or the guarantor collected.
Explanation of this document

Drafting a surety loan agreement, why?

Not every entrepreneur knows exactly what loan guarantee 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 surety in a loan agreement?
A suretyship in a loan agreement is the agreement whereby a third party—the surety—commits to the lender to fulfill the obligations of the borrower in the event that the borrower fails to meet their obligations. The suretyship is regulated in Section 7.14 of the Dutch Civil Code and has an accessory character: the guarantor's obligations are dependent on and limited to the obligations of the principal debtor. In business practice, suretyships are most commonly used for bank loans to enterprises—the bank requires the director-major shareholder or shareholders to personally guarantee the business loan—but also for mutual loans within a group of companies or for loans from shareholders to their private limited company. The suretyship is one of the strongest forms of personal security required of an entrepreneur: in the event of the company's bankruptcy, the surety is held personally liable for the full outstanding debt. Our lawyers draft a suretyship for you that keeps your liability as surety as limited as possible, respects banking requirements, and protects your position in the event of recovery by the lender—and assess sureties offered to you for unreasonable terms.
What is the difference between an independent suretyship and a non-independent suretyship?
This distinction has direct consequences for the defenses the surety can raise. A non-independent suretyship is the standard: the surety can invoke all defenses the principal debtor has against the creditor. If the lender granted the loan based on incorrect information and the borrower can annul the agreement due to fraud, the surety can also invoke that defense. An independent suretyship —also known as a guarantee or first demand guarantee—excludes the defenses of the principal debtor: the surety is obliged to pay as soon as the creditor demands it, regardless of the borrower's defenses. When granting loans to businesses, banks typically stipulate an independent suretyship or a first demand guarantee, thereby virtually completely excluding the surety's defenses. Our lawyers analyze the nature of the suretyship required of you and advise you on the extent of your liability.
What is the spouse's consent requirement for a suretyship?
Pursuant to Article 1:88, paragraph 1, sub c of the Dutch Civil Code, a spouse requires the consent of his or her partner to enter into a guarantee that does not fit within the normal conduct of his or her profession or business. In the absence of such consent, the guarantee is voidable pursuant to Article 1:89 of the Dutch Civil Code — the non-consenting spouse can annul the guarantee, after which the guarantor is no longer liable. Banks routinely require the partner of the Director-Major Shareholder to co-sign to prevent annulment. Please note: Article 1:88, paragraph 5 of the Dutch Civil Code makes an exception for guarantees entered into by a Director-Major Shareholder in the context of the normal business operations of a private limited company (BV) of which he or she is a shareholder, provided the guarantee is consistent with the normal activities of that BV. This exception has been interpreted restrictively in case law and requires that the guarantee relates to the ordinary business activities. Our lawyers will advise you on whether the consent requirement applies in your situation.
How do you limit your liability as a guarantor?
A guarantee does not have to be unlimited. The guarantor can agree with the creditor to limit liability to a maximum amount, a specific term, or a specific claim. Particular points of attention regarding banking guarantees are the following: A maximum amount: explicitly set the guarantee at a concrete amount, not at unlimited or continuous liability. A term limitation: the guarantee ends on a fixed date or at the end of the loan, not thereafter. Primary or subsidiary liability: a subsidiary guarantor is only called upon after the lender has exhausted all possibilities to directly sue the borrower; a primary or independent guarantor can be called upon directly. And a release clause: stipulating that the bank releases the guarantor from liability as soon as the loan has been repaid to below a certain amount or as soon as the borrower's financial position has improved. Our lawyers negotiate guarantee clauses on your behalf that limit your risk.
What are the guarantor's rights of recourse after payment?
If the guarantor has paid the borrower's debt, he has a right of recourse against the borrower pursuant to Article 7:866 of the Dutch Civil Code: he can recover the amount paid. Moreover, through subrogation, he assumes the rights of the creditor — including any securities the creditor held, such as a mortgage or pledge. In practice, however, the right of recourse is of limited value if the borrower is bankrupt — precisely the situation in which the guarantor is called upon. The guarantee must correctly set out the rights of recourse and the subrogation position of the guarantor, including the possibility for the guarantor to recover from other securities held by the creditor. In family or shareholder relationships, a different recourse arrangement may also have been agreed upon. Our lawyers advise you on your rights of recourse and the possibilities to strengthen them in the guarantee.
How does it work at MKBjuristen?
Our lawyers draft a suretyship that aligns with the lender's requirements, keeps your liability as limited as possible, and respects the formal requirements of Article 1:88 of the Dutch Civil Code. Have you received a suretyship that you would like to have reviewed? We will then analyze the nature of the suretyship, the extent of your liability, the consent requirement, and the defenses you can invoke as guarantor, and advise you on the options for limiting or refusing the suretyship.
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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