Effective January 1, 2026, new rules apply to personal guarantees, including suretyship. In our previous post about the updated rules regarding bail We've already discussed the most important changes.
One aspect deserves special attention: the information you, as a creditor, must provide to the guarantor. Book 9 of the Civil Code imposes various obligations in this regard.
1 The guarantor requests information: you are required to respond
A guarantor must be able to assess the risk he still faces. As a guarantor, it is crucial to know whether the debt you have guaranteed is being repaid properly by the debtor. That is why Book 9 of the Dutch Civil Code stipulates that, if the guarantor so requests, the creditor must, must disclose, without delay, the amount of the guaranteed obligation. There can be no contractual deviation from that obligation.
In addition, a creditor who is the principal debtor gives notice of default, and notify the guarantor at the same time. This prevents payment problems from escalating without the guarantor’s knowledge. In our example from earlier, if the company fails to repay its loan on time, the bank will have to send its notice of default to both the company and the director who is the guarantor.
2 If a consumer acts as a guarantor, the disclosure requirements are more extensive
When the guarantor is a consumer is (and is therefore acting outside the scope of his professional activities), then additional protective rules apply to that guarantor.
In this way, the legislature aims to ensure that a consumer who acts as a guarantor is properly informed both before he provides the guarantee and during the term of that guarantee.
However, the legislature expressly stipulates that, if the debtor is a legal entity, a guarantor is not considered a consumer if that guarantor is a substantial influence may influence the decision-making of that legal entity. A director who acts as a guarantor for a debt of the company in which he serves as a director will therefore not be considered a consumer.
3 What does this mean for your business?
Do you have a claim against another party, and has someone provided a guarantee for this claim? If so, it is not enough to simply consider the legal requirements when signing the guarantee agreement. You must also monitor certain information flows throughout the term.
Especially when a consumer If you are acting as a guarantor, it is advisable to establish in advance how you will provide the required information and then the annual reporting and to follow up on any reports of nonpayment.