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Loan Transfer Agreement Template for Netherlands

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Key Requirements PROMPT example:

Loan Transfer Agreement

"I need a Loan Transfer Agreement under Dutch law for transferring a €5 million commercial loan from ABN AMRO to Rabobank, with completion scheduled for March 15, 2025; the transfer should include all associated rights but no security interests."

Document background
The Loan Transfer Agreement is a crucial document used in the Dutch financial market when one lender wishes to transfer its rights and obligations under a loan agreement to another lender. This transfer can occur for various reasons, including portfolio management, regulatory requirements, or strategic business decisions. The agreement must comply with Dutch Civil Code requirements, particularly Books 3 and 6, governing the transfer of rights (cessie) and contract positions (contractsoverneming). It typically includes detailed provisions on the transfer mechanics, pricing, representations and warranties, and completion requirements. The document becomes especially important in regulated environments where additional compliance requirements apply, such as transfers involving licensed credit institutions or consumer loans. The agreement also addresses practical aspects such as the allocation of interest and fees, notification requirements, and the transfer of associated security rights.
Suggested Sections

1. Parties: Identification of the Existing Lender, New Lender, and Borrower (if party to the agreement)

2. Background: Details of the existing loan agreement, reason for transfer, and context of the transaction

3. Definitions: Definitions of key terms used throughout the agreement, including reference to original loan agreement definitions

4. Transfer and Assignment: Core provisions detailing the transfer of rights, obligations, and claims from Existing Lender to New Lender

5. Transfer Price and Payment: Details of the consideration for the transfer and payment mechanics

6. Effectiveness and Completion: Conditions precedent, timing of transfer, and completion mechanics

7. Representations and Warranties: Statements of fact and assurances from both Existing Lender and New Lender

8. Undertakings: Ongoing obligations of the parties post-transfer

9. Notices: Communication procedures between parties

10. Governing Law and Jurisdiction: Confirmation of Dutch law governance and jurisdiction for disputes

11. Miscellaneous: Standard boilerplate provisions including severability, amendments, and counterparts

Optional Sections

1. Security Transfer: Required when existing security rights need to be transferred alongside the loan

2. Regulatory Compliance: Required for transfers involving regulated financial institutions or when specific regulatory approvals are needed

3. Tax Provisions: Include when specific tax arrangements or allocations need to be addressed

4. Data Protection: Required when personal data is being transferred, especially for consumer loans

5. Borrower Consent: Include when explicit borrower consent is required or being obtained through this agreement

6. Interest and Fees Apportionment: Required when there needs to be specific allocation of interest and fees between Existing and New Lender

7. Further Assurance: Include when additional actions may be required post-completion to perfect the transfer

Suggested Schedules

1. Details of Transferred Loan: Specific details of the loan being transferred, including amount, maturity, interest rate

2. Form of Transfer Notice: Template notice to be sent to Borrower and other relevant parties

3. Completion Requirements: Checklist of documents and actions required for completion

4. Security Documents: List and copies of relevant security documents being transferred

5. Original Loan Agreement: Copy of the original loan agreement and any amendments

6. Outstanding Amounts: Detailed breakdown of outstanding principal, interest, and other amounts as of the transfer date

7. Required Consents: Copies of any required third-party or regulatory consents

Authors

Alex Denne

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

Relevant legal definitions





































Clauses






























Relevant Industries

Financial Services

Banking

Investment Management

Private Equity

Real Estate

Corporate Finance

Asset Management

Insurance

Commercial Lending

Consumer Finance

Relevant Teams

Legal

Finance

Compliance

Credit Risk

Treasury

Portfolio Management

Transaction Management

Loan Administration

Due Diligence

Regulatory Affairs

Investment

Corporate Finance

Relevant Roles

Legal Counsel

Finance Manager

Compliance Officer

Credit Risk Manager

Transaction Manager

Portfolio Manager

Corporate Lawyer

Banking Lawyer

Chief Financial Officer

Treasury Manager

Loan Administrator

Investment Manager

Due Diligence Officer

Regulatory Compliance Manager

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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