Subrogation Agreement Template for Netherlands

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Key Requirements PROMPT example:

Subrogation Agreement

"I need a Subrogation Agreement under Dutch law for an insurance claim where our company will take over the rights to pursue a claim against a third-party manufacturer for product defects, with the transfer to be effective from March 1, 2025."

Document background
The Subrogation Agreement is a crucial legal instrument in Dutch commercial and insurance practice, used when one party (typically an insurer or financial institution) takes over another party's legal right to claim against a third party. This commonly occurs after the first party has paid a debt or claim on behalf of the third party. Under Dutch law, particularly the Burgerlijk Wetboek (Dutch Civil Code), subrogation can occur by operation of law or by contract. This document template is designed for contractual subrogation, incorporating all necessary elements required by Dutch law, including detailed provisions about the rights being transferred, any associated security interests, and compliance requirements. The agreement is particularly relevant in insurance claims, debt restructuring, and financial transactions where clear documentation of the transfer of rights is essential for future enforcement.
Suggested Sections

1. Parties: Identification of the subrogating party (creditor/insurer) and the party being subrogated (new creditor)

2. Background: Context of the original obligation, the reason for subrogation, and relevant history of the debt or claim

3. Definitions: Definitions of key terms used in the agreement, including 'Original Obligation', 'Debtor', 'Subrogated Rights', etc.

4. Subject Matter of Subrogation: Detailed description of the rights, claims, and obligations being transferred through subrogation

5. Consideration: Details of any payment or consideration for the subrogation (if applicable)

6. Effective Date and Conditions: When the subrogation takes effect and any conditions that must be met

7. Representations and Warranties: Standard representations about the validity of the original claim, authority to transfer, etc.

8. Transfer Mechanics: Process and mechanics of how the subrogation will be effected

9. Cooperation: Obligations to cooperate in implementing the subrogation and providing necessary documentation

10. Notices: How and where notices under the agreement should be sent

11. Governing Law and Jurisdiction: Confirmation of Dutch law as governing law and jurisdiction for disputes

12. Execution: Signature blocks and execution formalities

Optional Sections

1. Security Rights: Section dealing with the transfer of any security rights associated with the original obligation - include when there are security interests involved

2. Third Party Consent: Requirements for and provisions about obtaining third party consents - include when third party approval is needed

3. Insurance Provisions: Specific provisions related to insurance claims and requirements - include for insurance-related subrogation

4. Regulatory Compliance: Specific provisions ensuring compliance with relevant regulations - include when regulated entities are involved

5. Tax Provisions: Handling of tax implications and responsibilities - include when there are significant tax considerations

6. Confidentiality: Provisions regarding confidential information - include when sensitive commercial information is involved

7. Further Assurance: Obligations to execute additional documents - include in complex transactions

8. Costs and Expenses: Allocation of costs related to the subrogation - include when significant costs are expected

Suggested Schedules

1. Schedule 1 - Original Obligation Details: Detailed description of the original obligation or debt being subrogated

2. Schedule 2 - Relevant Documents: List and copies of all relevant documents relating to the original obligation

3. Schedule 3 - Payment Details: Details of any payments made and outstanding amounts

4. Schedule 4 - Security Rights: Details of any security rights associated with the obligation

5. Schedule 5 - Form of Notice: Template notices to be sent to relevant parties regarding the subrogation

6. Appendix A - Powers of Attorney: Any required powers of attorney for executing the subrogation

7. Appendix B - Consent Forms: Template consent forms for any required third-party approvals

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

Relevant legal definitions
Relevant Industries

Insurance

Financial Services

Banking

Healthcare

Construction

Manufacturing

Transportation

Real Estate

Maritime

Professional Services

Relevant Teams

Legal

Claims

Risk Management

Compliance

Finance

Insurance Operations

Contract Administration

Recovery

Policy Administration

Corporate Governance

Relevant Roles

Legal Counsel

Claims Manager

Risk Manager

Insurance Underwriter

Compliance Officer

Chief Financial Officer

Contract Manager

Recovery Specialist

Insurance Claims Handler

Legal Operations Manager

Debt Recovery Officer

Portfolio Manager

Insurance Policy Administrator

Subrogation Specialist

Financial Controller

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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