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Delegis

· 7 min read

Late payment between businesses: interest, compensation and reminders

The rules that protect your cash flow from customers who pay late, and a reminder process that keeps the relationship intact.

Permitted payment terms

Between businesses, the Act of 2 August 2002 on combating late payment sets the framework. Without an agreement, an invoice is payable within 30 days of receipt, or of delivery if that comes later.

Since 1 February 2022, parties can no longer agree on a term longer than 60 days. A 90-day clause is deemed unwritten, and any verification period counts within those 60 days.

What is due from the first day of delay

If the customer does not pay by the due date, two amounts are owed automatically, without prior formal notice:

  • Late-payment interest at the statutory rate for commercial transactions: the ECB rate plus eight percentage points, rounded up to the next half point. It is 10.5% a year for 2026.
  • A flat compensation of €40 per invoice for recovery costs, on top of interest.
  • Further reasonable recovery costs can be claimed if they are justified.

And with consumers?

The rules are stricter towards consumers. The Code of Economic Law requires a first free reminder, leaving at least 14 days to pay, before any interest or compensation can be charged, and those amounts are capped. If you also invoice private individuals, your terms and reminder templates must reflect this.

An effective reminder process

Most delays are not bad faith: a lost invoice, the wrong recipient, a missing purchase order. A quick, courteous reminder solves most cases, provided it is systematic.

  • Before the due date: a friendly reminder for large amounts.
  • Day 3: first reminder by e-mail, with the invoice and the structured communication.
  • Day 15: phone call to understand what is blocking and get a payment date.
  • Day 30: formal written notice mentioning interest and compensation.
  • After that: payment plan, recovery through a bailiff or court proceedings.

Uncontested debts

Between businesses, a certain, due and uncontested debt can be recovered without going to court, through a procedure run by a bailiff. If the debtor does not respond, the bailiff obtains an enforceable title. It is often faster and cheaper than a summons.

Making reminders a routine

Effective chasing depends on reliable data: payments must be reconciled every week so you never chase a customer who has already paid. After that, it is a matter of regularity.

Our credit management service chases your customers in your name, by e-mail and phone, tracks payment promises and sends you a weekly list of cases to escalate. Get in touch to discuss it.

Frequently asked questions

Can I charge €40 on every invoice paid late?

Yes. Between businesses, the €40 flat compensation is due per invoice paid late, on top of interest, without prior formal notice.

What is the late-payment interest rate in 2026?

For commercial transactions the statutory rate is 10.5% a year in 2026. It is reviewed every six months and published by the FPS Finance.

Can a customer impose a 90-day payment term?

No. Since 2022 a contractual payment term between businesses cannot exceed 60 days. A longer clause is deemed unwritten.