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Promissory Note With Personal Guarantee for the Netherlands

Promissory Note With Personal Guarantee Template for Netherlands

A legally binding document under Dutch law that combines a promissory note (schuldbekentenis) with a personal guarantee (persoonlijke garantie), creating both a primary obligation to repay a specified sum of money and a secondary guarantee obligation. The document establishes the terms of debt repayment, including principal amount, interest rate, and payment schedule, while incorporating a personal guarantee from a third party who assumes responsibility for the debt if the primary debtor defaults. This instrument is governed by the Dutch Civil Code (Burgerlijk Wetboek) and must comply with Dutch financial regulations and consumer protection laws where applicable.

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Promissory Note With Personal Guarantee

Let tiktok成人版's market-leading legal AI identify missing terms, unusual language, compliance issues and more - in just seconds.

What is a Promissory Note With Personal Guarantee?

The Promissory Note With Personal Guarantee is a crucial financial instrument used in the Netherlands when a formal commitment to repay a debt needs to be reinforced by a personal guarantee from a third party. This document is particularly valuable in situations where additional security is required beyond the primary debtor's promise to pay, such as in private lending arrangements, business loans, or significant financial transactions. The document must comply with Dutch law, specifically the provisions of the Burgerlijk Wetboek regarding debt instruments and guarantees. It includes detailed information about the debt obligation, payment terms, interest rates, and the scope of the personal guarantee, while establishing clear enforcement mechanisms under Dutch jurisdiction. This type of document is commonly used in business financing, real estate transactions, and private lending arrangements where the lender seeks additional assurance of repayment through a personal guarantor.

What sections should be included in a Promissory Note With Personal Guarantee?

1. Parties: Identification of the Promissory Note issuer (Promisor), the Beneficiary (Promisee), and the Personal Guarantor

2. Background: Brief context of the debt obligation and reason for the personal guarantee

3. Definitions: Definition of key terms used in the document

4. Promise to Pay: The core promise to pay, including the principal amount, currency, and basic payment terms

5. Interest Rate: Specification of the applicable interest rate, calculation method, and payment frequency

6. Payment Terms: Detailed payment schedule, method of payment, and payment instructions

7. Personal Guarantee: Terms of the personal guarantee, including scope, obligations, and confirmation of the guarantor's commitment

8. Events of Default: Circumstances that constitute default and their consequences

9. Enforcement: Rights and procedures for enforcing the note and guarantee

10. Governing Law and Jurisdiction: Specification of Dutch law as governing law and jurisdiction for disputes

What sections are optional to include in a Promissory Note With Personal Guarantee?

1. Security: Include when additional security is provided beyond the personal guarantee

2. Prepayment Terms: Include when early payment options are allowed, including any penalties or benefits

3. Tax Provisions: Include when specific tax considerations need to be addressed

4. Assignment Rights: Include when transfer or assignment of the note needs to be specifically addressed

5. Multiple Guarantors: Include when there is more than one personal guarantor, defining joint and several liability

6. Notices: Include when formal communication procedures need to be specified

7. Subordination: Include when the note needs to be subordinated to other debt obligations

What schedules should be included in a Promissory Note With Personal Guarantee?

1. Payment Schedule: Detailed amortization schedule showing payment dates, amounts, and breakdown between principal and interest

2. Guarantor's Statement of Assets: Financial statement or declaration of the guarantor's assets and liabilities

3. Specimen Signature Page: Sample signatures of all parties for verification purposes

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Netherlands

Document Type

Promissory Note

Sector

Banking

Cost

Free to use
Relevant legal definitions






















Clauses




















Relevant Industries

Banking & Financial Services

Real Estate

Small & Medium Enterprises

Construction

Manufacturing

Retail

Professional Services

Technology

Private Lending

Investment & Capital Markets

Relevant Teams

Legal

Finance

Treasury

Credit & Collections

Risk Management

Compliance

Corporate Secretariat

Business Development

Investment

Account Management

Relevant Roles

Chief Financial Officer

Finance Director

Legal Counsel

Credit Manager

Risk Manager

Treasury Manager

Financial Controller

Loan Officer

Business Development Manager

Company Secretary

Compliance Officer

Corporate Lawyer

Investment Manager

Account Manager

Collections Manager

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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