Personal Guarantee Letter for the Netherlands

Personal Guarantee Letter Template for Netherlands

A Personal Guarantee Letter under Dutch law (governed by the Dutch Civil Code - Burgerlijk Wetboek) is a formal document where an individual personally guarantees the obligations or debts of another party. This legal instrument, known as 'borgtocht' in Dutch law, creates a binding commitment where the guarantor assumes responsibility for the principal debtor's obligations if they fail to fulfill them. The document must comply with specific requirements under Dutch civil law, including clear identification of all parties, explicit statement of the guarantee's scope, and specific terms under which the guarantee can be called upon.

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What is a Personal Guarantee Letter?

The Personal Guarantee Letter is a crucial document in Dutch business and financial transactions, commonly used when additional security is required for loans, leases, or other financial obligations. It serves as a personal commitment from an individual (often a company director, shareholder, or related party) to guarantee the obligations of another party (typically a company or individual). Under Dutch law, these guarantees must comply with the provisions of the Dutch Civil Code (Burgerlijk Wetboek), particularly Book 7, Title 14. The document should clearly state the extent of the guarantee, conditions for enforcement, and any limitations on liability. It's particularly important in situations where lenders or creditors require additional security beyond corporate assets, making it a common requirement in business financing, property leasing, and commercial contracts.

What sections should be included in a Personal Guarantee Letter?

1. Letter Header: Date, addressee details, and guarantor's details

2. Subject Line: Clear identification as a Personal Guarantee Letter and reference to the underlying obligation

3. Introduction: Identification of the guarantor and their relationship to the principal debtor

4. Reference to Principal Obligation: Clear description of the underlying debt or obligation being guaranteed

5. Guarantee Declaration: Express statement of the guarantee, its scope, and maximum amount

6. Terms of Liability: Specific conditions under which the guarantee can be called upon

7. Duration: Period of validity of the guarantee

8. Governing Law Statement: Confirmation that Dutch law governs the guarantee

9. Signature Block: Space for guarantor's signature, date, and witness signature if required

What sections are optional to include in a Personal Guarantee Letter?

1. Spousal Consent: Required when the guarantor is married and the guarantee might affect matrimonial property

2. Multiple Guarantors: Additional section needed when more than one person is providing the guarantee

3. Guarantee Limitations: Specific limitations or caps on the guarantee amount or circumstances

4. Early Termination Rights: Conditions under which the guarantor may terminate the guarantee early

5. Financial Statements Declaration: Statement regarding the guarantor's financial position, required for high-value guarantees

6. Independent Legal Advice: Confirmation that the guarantor has received independent legal advice, recommended for significant guarantees

What schedules should be included in a Personal Guarantee Letter?

1. Copy of Principal Agreement: Copy of the underlying agreement or obligation being guaranteed

2. Guarantor's Statement of Assets: If required, a statement of the guarantor's financial position

3. Identification Documents: Copies of guarantor's identification documents

4. Marriage Certificate: If spousal consent is required, copy of marriage certificate

5. Legal Advice Certificate: If applicable, certificate from lawyer confirming independent legal advice was given

Authors

Alex Denne

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

Jurisdiction

Netherlands

Publisher

Genie AI

Document Type

Service Agreement

Cost

Free to use
Relevant Industries

Banking and Financial Services

Real Estate

Commercial Lending

Small and Medium Enterprises

Retail

Construction

Manufacturing

Professional Services

Technology

Hospitality

Relevant Teams

Legal

Finance

Risk Management

Credit Control

Commercial

Compliance

Treasury

Corporate Governance

Business Development

Account Management

Relevant Roles

Chief Financial Officer

Finance Director

Credit Manager

Risk Manager

Legal Counsel

Commercial Director

Business Development Manager

Account Manager

Compliance Officer

Contract Manager

Corporate Lawyer

Banking Relationship Manager

Treasury Manager

Financial Controller

Company Secretary

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,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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