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Notariaat Wellens
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Notariaat Wellens

Loan between individuals

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YOUR PREPARATION · AGREEMENTS

Specific documents for your meeting. Indicate what is ready, where you need help, and what is not applicable.

Prepare what you already have. A missing document is no reason to postpone your first appointment. We will discuss what we can obtain for you.

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Which documents should I provide?

Proofs of payment

Request the document from your bank or download it from your own online banking environment. State the date and file reference. Provide statements, never passwords or access codes.

Status

To review

Existing agreements or draft

Provide the complete version with date, attachments and later amendments. Do you not have this document or do you not know if it exists? Select “Help needed” and discuss it with the office.

Status

To review

Proposed repayment schedule

Provide the complete version with date, attachments and later amendments. Do you not have this document or do you not know if it exists? Select “Help needed” and discuss it with the office.

Status

To review

Proof of source of funds

Provide the complete version with date, attachments and later amendments. Do you not have this document or do you not know if it exists? Select “Help needed” and discuss it with the office.

Status

To review

Documents concerning proposed security

Provide the complete version with date, attachments and later amendments. Do you not have this document or do you not know if it exists? Select “Help needed” and discuss it with the office.

Status

To review

What do we record?

We examine the documents and legal implications. You do not need to work out the arrangement yourself beforehand. We will agree on which missing documents we can request.

A check mark means you have prepared this item. It does not mean that the office has already checked the documents or that your file is complete.

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"Only later did he look at something simpler: what had the other party genuinely organised to make the promise possible?"
Paul Wellens

Your questions, step by step

Do you lend money to family or friends? Clear agreements help prevent misunderstandings, even when you trust each other well.

Why do I go to the notaire for this?

The civil-law notary helps distinguish a loan from a gift and records repayment, interest and security. A notarial deed can be useful for evidence and enforcement.

How do I lend money to family or friends?
  1. Record amount, purpose and payment date.

  2. Agree on repayment, interest and consequences of default.

  3. Have the appropriate agreement drawn up before payment.

How does this proceed and how long does it take?

Payment dates and term are agreements you lay down in advance. Have any credit rules and tax consequences reviewed; there is no standard arrangement applicable to every family loan.

Which documents should I provide to the notaire?
What does the notaire do and investigate?
  • Is there really a loan involved?
  • Are amount, proof and repayment clear?
  • Which credit, interest and fiscal rules apply?
  • Which deed form and security are appropriate?

We agree on which searches the office will conduct and which information you, your bank or another expert will provide.

What should I pay attention to before I sign?

Check the repayment schedule, early repayment and what happens upon death or non-payment.

Is a passage still unclear? Feel free to ask for an explanation with an example from your own situation. Only sign when you understand what you are agreeing to.

What else must I arrange afterwards?

Keep bank transfer receipts and monitor repayments. Record any later changes in writing and seek timely advice in case of arrears.

Which practical tips can help me?

Use a clear reference with each payment and maintain a joint overview of the remaining balance.

What do these words mean?
Principal sum
the borrowed amount excluding interest.
Due and payable
the amount can be claimed back according to the agreements.
Where can I find more explanation or help?

You do not have to phrase your question in legal terms. Tell what concerns you, what you want to arrange and if an important date is approaching.

We will look together at the next step. We agree in advance on how the office will assist you and what costs are involved.

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General explanation for your preparation. The rules and documents that apply to you are determined based on your file.