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27.10.2026

New legislation on personal guarantees: Don't forget to inform your guarantor

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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.

Special attention

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.

Example
Consider, for example, a director who has provided a guarantee for a loan taken out by his company. If he asks the lending bank what amount remains outstanding, the bank must inform him of that amount without delay.

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.

Introduction.
Before the bond was posted
Even before the guarantee is established, the creditor must inform the prospective guarantor, among other things, about the amount of the guaranteed debt, the general effect of the guarantee, and the specific risks to which he may be exposed, given the principal debtor's financial situation. The creditor must also be able to prove that he has provided this information.
Annual.
During the term
However, it doesn't stop there. During the term of the loan, the creditor must ensure that the consumer-guarantor annual Provide information on the status of the secured debt, specifying the principal amount, interest, and other related obligations.
Right away.
In the event of nonpayment or a payment extension
If the principal debtor fails to pay or is granted a deferral of payment, the guarantor must also without undue delay be notified. The amount due at that time must also be disclosed.

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.

Caution

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.

Do you have any questions about this legislation?
Or are you wondering whether your current agreements adequately take these new rules into account? Our pro experts can assist and guide you through this!

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