When a bank decides to withdraw a loan, this often has a huge impact on the borrower and regularly results in the latter’s liquidation. We know from experience that such situations can easily give rise to arguments about the grounds for calling in the loan and the term of notice given.
The borrower needs sound advice on whether the bank has sufficient grounds for terminating the loan contract in the specific circumstances, and if so, what term of notice should be given. The fact is that the bank has a special duty of care towards its borrowers. Our lawyers can safeguard the borrower’s interests by contesting a possibly unlawful termination in interlocutory proceedings (kort geding in Dutch, also known as ‘preliminary relief proceedings’ or an ‘application for interim measures’) or by insisting on a longer term of notice so that the borrower can refinance its debts. This is a good way of safeguarding – at least provisionally – the future of the borrower’s business.
In addition to answering questions about the withdrawal of a loan, our lawyers can also advise and assist borrowers on matters relating to the bank’s general terms and conditions and any stipulation in these under which the borrower is obliged to provide the bank with additional security, as well as on the bank’s special duty of care towards its customers (in relation to interest-rate swaps, for example).