Clauses to prohibit pledging of claims no longer allowed

What has changed?

Companies are no longer allowed to include a clause in their agreements to prohibit the pledge or transfer of claims. This means that suppliers are now allowed to transfer or pledge unpaid invoices (claims) to banks or other credit providers as collateral for a loan.

To date, companies included clauses in their agreements prohibiting the pledge or transfer of claims. Their aim was to prevent unknown parties, such as banks, from claiming repayment of a claim. Such clauses are now no longer allowed.

This new law provides companies with more opportunities to use their outstanding claims as collateral for a loan. Other companies can no longer block this option.

Do your agreements contain a clause to prohibit the pledge or transfer of claims? This clause will become void three months after the new law has come into effect. 

The prohibition does not apply to claims under current or savings accounts or to claims under a credit or loan agreement with more than one party.

For whom?

• companies that want to pledge their claims as collateral for a loan
• companies with unpaid invoices to suppliers
• banks and other lenders

When?

This change in law entered into effect on 1 July 2025. From 1 October 2025, clauses in existing agreements prohibiting the pledge or transfer of claims agreed between parties prior to the coming into effect of the new Act (Wet opheffing verpandingsverboden) become void.