The Lien Release Document is a crucial instrument in Dutch secured transactions, used when a borrower has satisfied their obligations and the security interest needs to be formally released. This document type is governed by Dutch law, particularly Books 3 and 6 of the Dutch Civil Code (Burgerlijk Wetboek), and must comply with specific formality requirements. The document becomes necessary when loans are repaid, obligations are fulfilled, or when partial releases of security are required in complex financing arrangements. A properly executed Lien Release Document provides evidence that the security interest has been terminated and helps clear title records, particularly important for real estate transactions where registration with the Kadaster is required.
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1. Identification of Parties: Full legal names and addresses of the Lienholder (releasing party) and the Property Owner/Debtor (party whose property is being released)
2. Original Lien Details: Description of the original lien including date of creation, registration number (if applicable), and the property or assets subject to the lien
3. Confirmation of Obligation Satisfaction: Statement confirming that the underlying obligation has been satisfied in full
4. Release Declaration: Formal declaration releasing all rights and interests in the property or assets
5. Effective Date: Clear statement of when the release takes effect
6. Authorization: Statement of authority of the person executing the release on behalf of the lienholder
1. Partial Release Provisions: Used when only a portion of the property or collateral is being released from the lien
2. Survival Provisions: Used when certain rights or obligations need to survive the release
3. Registration Instructions: Include when the release needs to be registered with authorities (e.g., Kadaster for real property)
4. Governing Law: Include when there are international aspects to the transaction
5. Further Assurances: Used when additional actions may be needed to effect the release
1. Original Lien Documentation: Copy or extract of the original lien registration or agreement
2. Property Description: Detailed description of the property or assets being released, including registration numbers or cadastral details for real property
3. Payment Evidence: Proof of satisfaction of the underlying obligation (if relevant)
4. Authorization Documentation: Powers of attorney or corporate resolutions authorizing the release
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