Soon new rules for personal securities will apply. Last summer, the law was published to introduce a new title 1 "Personal Securities" (Dutch: "Persoonlijke Zekerheden", French: "Sûretés Personnelles") of book 9 "Securities" (Dutch: "Zekerheden", French: "Sûretés") in the Belgian Civil Code. These new rules will be effective from January 1, 2026. The present article summarizes the key takeaways in respect of the new legislation for you and your business when drafting, negotiating, and executing contracts regarding personal securities.

The freedom of contract for parties remains pivotal. The new rules are predominantly (but not exclusively) supplementary law. Moreover, some new interpretation rules are provided that further emphasize the importance of clear contracts regarding personal securities:

• In case of doubt, the security provision will be interpreted in favour of the security provider (Dutch: "zekerheidsverstrekker", French: "fournisseur de sûreté"); and
• Every personal security is presumed to be a suretyship (Dutch: "borgtocht", French: "cautionnement") unless the creditor proves otherwise.

The suretyship, as a common form of personal security, thus becomes the standard. This presumption of suretyship is new. The rules regarding suretyship are further modernized and expanded as follows:

• The creditor has a duty to inform the surety about the amount of the secured obligation (Dutch: "gewaarborgde verplichting", French: "obligation garantie");
• A suretyship for an indefinite period can now be terminated by either party with a reasonable notice period of 45 days (unless a shorter period was agreed upon);
• The suretyship for future debts (now described as "suretyship for all claims" (Dutch: "borgtocht voor alle schuldvorderingen", French: "cautionnement pour toutes les créances")) also receives a legal basis, albeit with certain limitations. The suretyship for all claims must, in principle, mention a maximum amount and will only extend to obligations that were reasonably foreseeable at the time of entering into the suretyship;
• If multiple sureties guarantee the same debt, these sureties are jointly liable to the creditor.

The rules regarding personal securities are no longer limited to suretyship. Other forms of personal securities (such as joint liability as a form of security, guarantee, or comfort letter (Dutch: "patronaatsverklaring", French: "lettre de confort")) are given a legal basis (for the first time). The comfort letter is legally defined and is presumed to be a suretyship unless proven otherwise.

The guarantee (Dutch: "garantie", French: "garantie") is also legally defined and includes, among others, the bank guarantee on first demand and the documentary guarantee. The new rules contain some useful (and new) clarifications. The guarantor, among other things, has a right of recourse against the principal after payment and is now obliged to refuse a payment request if it is immediately apparent that the request is abusive or fraudulent.

Finally, the rules regarding personal securities by consumers (previously the regulation on "gratuitous suretyship" (Dutch: "kosteloze borgtocht", French: "cautionnement gratuit")) are modernized. The focus is now on "the consumer" (Dutch: "de consument", French: "le consommateur"). The protection of the consumer as a surety is further strengthened as follows:

• The parties cannot deviate from the rules regarding personal securities by consumers (such rules are mandatory);
• A consumer can only provide a suretyship as personal security. Any other personal security (such as a guarantee or comfort letter) is automatically converted into a suretyship;
• The creditor has a pre-contractual duty to inform the consumer, as well as an annual duty to inform and a duty to inform in case of default by the debtor;
• The suretyship by the consumer must mention a maximum amount, and the consumer-surety’s liability is limited to in respect of accessories in relation to the principal sum (interests, damages, penalty clauses, etc.);
• The suretyship must be included in a separate agreement under penalty of nullity. The handwritten mention is no longer required, although the rules regarding evidence may still require certain handwritten mentions.

These new rules provide more clarity and a broader legal framework, although a revision of existing templates and standard contracts (especially concerning consumers) will be necessary to ensure they are in line (and remain compliant) with the applicable legislation.