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Maître Reda KOHEN, avocat au Barreau de Paris
Maître Reda KOHEN
Avocat au Barreau de Paris

French Bank Account Refused to a British Resident After Brexit: How to Use the Right-to-Account Procedure

A French bank may refuse to open your account because you are British, you live in France, or your income and tax affairs remain linked to the United Kingdom. After Brexit, that refusal is not necessarily the end of the matter. The key questions are usually your French domicile, whether you already hold an individual French deposit account, and whether your identity can be verified. France has a statutory droit au compte: a right-to-account procedure under which the Banque de France designates a credit institution to open a basic deposit account for an eligible person refused elsewhere.

This procedure is different from an ordinary commercial application and from a bank closing an existing account. A British person genuinely domiciled in France can normally rely on it without proving French nationality. Someone who still lives in the United Kingdom generally cannot compel a French bank to open a personal account merely because they own a French home or need a French IBAN. That distinction is the starting point for a useful application.

The practical objective is a reliable file: a written application, proof of refusal or fifteen days of silence, valid identity and French-domicile documents, and a clear declaration that no individual French deposit account is already available. The Banque de France can then designate a bank within a short statutory timetable. The designated bank must still complete identity and anti-money-laundering checks, but it cannot replace the statutory route with an unexplained commercial veto.

This guide covers a British reader settling in France: Withdrawal Agreement residence permits, the difference between joint or electronic-money and individual deposit accounts, documents, deadlines, free basic services, and a designated bank’s continuing refusal. It separates lawful compliance questions from a potentially discriminatory nationality refusal.

I. Can a British citizen open a French bank account after Brexit?

A. Do British residents in France have a legal right to an account?

The French rule is based principally on domicile and the absence of a French deposit account. Article L. 312-1 of the French Monetary and Financial Code states: « A droit à l’ouverture d’un compte de dépôt dans l’établissement de crédit de son choix ». The same provision adds the condition « sous réserve d’être dépourvu d’un tel compte en France ». The complete current text is available in the official version of Article L. 312-1 of the Code monétaire et financier.

For a British citizen who lives in France, the first category is the important one: a natural person domiciled in France is covered, without a nationality condition. The Banque de France describes the rule in the same way: a person domiciled in France may use the procedure regardless of nationality, provided that the person has no individual deposit account and has been refused by a bank. Your British passport is therefore not, by itself, a lawful reason to exclude you from the statutory procedure.

That does not mean that every British visitor can demand an account. A French second home, a holiday address, or a plan to move later is not the same as being domiciled in France. A bank will examine the reality of the address and may ask for a tenancy agreement, a recent utility bill, a French tax notice, a home-insurance certificate, or a host declaration supported by the host’s identity document and address. The justificatif de domicile, meaning proof of domicile, should be current and should tell a consistent story with your visa, residence documents, tax position and daily life.

The position is narrower when you remain resident in the United Kingdom. The second limb of Article L. 312-1 covers a person legally resident in another European Union Member State who is not acting for professional purposes, and a French national living outside France. Since the United Kingdom is no longer an EU Member State, a British national living only in the UK normally cannot use that limb solely on the basis of British nationality. The person may still ask a French bank to open an ordinary non-resident account, but the bank’s voluntary commercial decision is not the same as a right-to-account designation.

This is why a British owner of a French property should not present ownership as the entire case. If you live in England, Scotland, Wales or Northern Ireland and use the French property only for holidays, the better question is whether a bank offers a non-resident product. If you have actually moved to France, assemble proof of the French domicile. The French procedure then addresses access to a deposit account, not the purchase of real estate, mortgage lending, wealth management or a premium banking package.

A Withdrawal Agreement residence permit is relevant evidence for many British citizens who moved to France before 1 January 2021. In French, it is a titre de séjour accord de retrait, meaning a residence document issued under the EU-UK Withdrawal Agreement. The UK government’s Living in France guidance explains that this document shows the holder’s residence rights under the Withdrawal Agreement. It is valuable evidence, but the account procedure is not a nationality test. A British person who arrived later may rely on a valid long-stay visa, residence permit and French domicile documents under the ordinary immigration rules.

The Banque de France’s own information is useful where a file has been rejected because the applicant lacks a current French residence card. Its FAQ states that an overseas national domiciled in France can benefit from the procedure and that the absence of a currently valid residence permit does not, by itself, exclude implementation of the right to an account. It lists a passport or national identity document among possible identity documents. This does not remove the bank’s identity and anti-money-laundering duties, but it prevents a branch from treating British nationality as a blanket prohibition.

Your existing banking arrangements also need to be classified correctly. A joint account, called a compte collectif in French, does not prevent a person from asking for an individual account in that person’s sole name. The French rule expressly says that holding a collective account does not prevent the right to open an individual account. A payment account held with an electronic-money institution is also not automatically equivalent to a deposit account with a credit institution for this procedure. The file should identify the exact provider, account type, account holder and services available.

By contrast, a functioning individual French deposit account will normally defeat the application, even if that account has a small balance or inconvenient services. The right-to-account procedure is not a right to obtain a second bank, a better card, an overdraft or a cheaper mortgage. If your only individual account is being closed, the law gives a specific route: Article R. 312-6 treats a person whose unique deposit-account agreement has been terminated by the bank as deprived of a deposit account from receipt of the termination decision. Preserve that decision and its date.

There is a useful difference between account access and tax residence. A bank may ask you to complete an auto-certification de résidence fiscale, meaning a self-certification of the country or countries where you are tax resident. That question does not decide whether you are domiciled in France for the right-to-account procedure, and French domicile does not always settle a France-UK treaty question. The French tax authority explains that financial institutions collect tax-residence and tax-identification information under the automatic exchange-of-information rules in its guidance on why a bank requests tax-residence information.

Answer the tax-residence question accurately. Do not claim that a French address automatically makes you French tax resident, and do not describe a UK bank account as a French account. If you are resident in France, the official Form 3916 and 3916-bis guidance may require you to declare UK accounts held, used or closed during the relevant year. That reporting obligation is separate from the request for a French deposit account and should not be used as a reason to leave the bank’s self-certification blank.

B. Why can a French bank refuse your application?

A commercial French bank is generally free to accept or refuse an ordinary account application. A refusal does not automatically prove discrimination and does not automatically entitle you to a court order. The immediate legal value of the refusal is evidential: it starts the right-to-account procedure if you meet the eligibility conditions. Ask for an attestation de refus d’ouverture de compte, meaning a written refusal certificate, free of charge. The French public-service guidance on the right to an account after a bank refusal confirms the practical route. If the bank gives only a verbal answer, send a formal written application and create proof of delivery.

Article R. 312-6-1 of the Monetary and Financial Code supplies a precise safeguard against silence. It provides that « le silence gardé par un établissement de crédit pendant un délai de quinze jours […] est considéré comme un refus d’ouvrir le compte ». The same article requires the bank, once the period has expired, to communicate a refusal certificate and its reason and to indicate the Banque de France procedure. The official reference is Article R. 312-6-1 of the Code monétaire et financier.

Use a written request that identifies the account sought, your French address, your British nationality, your intended personal use, and the documents you can provide. Send it by registered letter with acknowledgement of receipt, known in French as a lettre recommandée avec accusé de réception, or deliver it at a branch and obtain a dated receipt. An online application can be useful, but a screenshot of a failed automated journey is weaker than a document that proves the bank received a complete request. Keep the original emails, upload confirmations, appointment records and names of staff.

The bank may ask questions because it must know its customer. Article L. 561-5 of the Monetary and Financial Code says that the regulated institution « Identifient leur client » and « Vérifient ces éléments d’identification sur présentation de tout document écrit à caractère probant ». The bank may therefore request a passport, residence document, address evidence, tax-residence statement, source-of-funds information and an explanation of expected transactions. That is especially relevant where pension income comes from the UK, a property is rented, or large transfers will pass between UK and French accounts.

A lawful compliance request is not the same as a refusal based only on a British passport. Supply the information in a structured file. If the bank asks for a document that does not exist, ask what alternative evidence it accepts. If the bank says that it cannot onboard any British citizen, request that statement in writing and ask whether the obstacle is nationality, non-residence, an inability to verify identity, sanctions screening, tax self-certification or a commercial policy. Those categories have different legal consequences.

French equality law also matters. Article 225-1 of the Criminal Code provides: « Constitue une discrimination toute distinction opérée entre les personnes physiques » on grounds that include membership, real or supposed, of a determined nation. Article 225-2 adds, among the punishable forms, « A refuser la fourniture d’un bien ou d’un service ». The official references are Article 225-1 of the Code pénal and Article 225-2 of the Code pénal.

Those provisions should be applied carefully. A bank may distinguish between a resident and a non-resident, may refuse when it cannot complete customer checks, and may follow sanctions or risk rules that apply to a proposed transaction. A bare statement such as “we do not serve British clients” is different from a written request for a valid passport, proof of French domicile and a tax self-certification. The evidence must show what was actually said, what documents were offered, whether comparable customers were treated differently, and whether the stated reason changed during the process.

Two decisions help explain why documentary consistency matters. In its judgment of 18 December 2007, commercial chamber, appeal no. 07-12.382, the Court of Cassation held that the bank could not block access to an existing account solely because a receipt used as identity evidence had expired where the bank had accepted it at opening and had no doubt about the holder’s identity. The official decision states: « La Poste ne pouvait refuser l’accès au compte et la délivrance d’un relevé d’identité bancaire, au seul motif que le récépissé était périmé ». Read the full decision on Légifrance, commercial chamber, 18 December 2007, no. 07-12.382. It concerns access to an existing account, not a British applicant’s first account, but it illustrates the importance of the bank’s own prior acceptance and the absence of genuine identity doubt.

In a different context, the commercial chamber of the Court of Cassation decided on 30 June 2021, appeal no. 19-14.313, that a bank operating a right-to-account account could terminate it without the ordinary notice period where the account had deliberately been used for operations the institution had reason to suspect were illegal. The official summary says that communicating account details to a counterparty for such a payment could constitute deliberate use. The decision is available at Cour de cassation, commercial chamber, 30 June 2021, no. 19-14.313. This is not authority for an ordinary refusal based on nationality. It is a warning that the right to an account does not disapply financial-crime controls after the account is opened.

If the initial refusal is ambiguous, do not spend weeks arguing with a branch about Brexit. Obtain the refusal or prove the fifteen-day silence, then move to the Banque de France file. The refusal is the gateway document; it is not normally the final remedy. You can reserve a separate discrimination complaint or civil claim if the evidence supports it, while using the statutory procedure to restore practical access to salary payments, utilities, rent, healthcare reimbursements and ordinary household payments.

II. How do you use the Banque de France right-to-account procedure?

A. What documents and deadlines apply after a refusal?

The file should be built in the order in which an administrator will check it. First, prove the refusal. A written bank refusal is the cleanest evidence. If the bank has not answered, keep the registered-letter receipt or the proof of hand delivery and wait until fifteen days have elapsed. Do not count from the day on which you drafted the application; count from the date the bank received it. If you made an online application, ask the bank for a written certificate and preserve the technical confirmation showing the submission date.

Second, complete the Banque de France right-to-account form for an individual. The Banque de France provides an English-language form as well as French forms. You can submit the dossier online, at a Banque de France branch, or by post to Banque de France, TSA 50120, 75035 Paris Cedex 01. A branch appointment may be arranged through the Banque de France and the official information service uses the number 34 14. The practical instructions appear on the Banque de France page explaining the right-to-account process.

Third, attach a current identity document. A valid British passport is the obvious starting point. Add the French residence permit, long-stay visa validation or other residence evidence if you have it, but do not assume that an expired or missing card ends the application where you can otherwise prove French domicile. If your name has changed, include the civil-status document that explains the difference. If you are applying for a child or a protected adult, the representative’s authority and the specific evidence of the need for an account must be added.

Fourth, prove the French address. The strongest combination is usually a recent French tax notice or utility bill in your name, together with a tenancy agreement or property document. A home-insurance certificate, a recent rent receipt or an attestation from a host can also be useful if supported by the host’s identity document and address proof. The evidence should show actual residence, not simply ownership of a second home. If you moved recently, add several dated documents: delivery of household services, a French employment or pension record, school registration, healthcare registration, or correspondence from a public authority.

Fifth, sign the declaration that you do not have an individual French deposit account. Be precise about a joint account, an account in a spouse’s sole name, a payment account, a UK bank account and an account that is in the process of being closed. The Banque de France can request clarification. A false declaration can create a much more serious obstacle than the original refusal and may give the designated bank a lawful reason not to open or to terminate the account.

Sixth, include the reason the account is needed and the bank or location you would prefer. This can be practical rather than argumentative: a branch near your French home, a branch accessible by public transport, or an agency able to review English-language documents. You may ask for a particular bank or location, but the Banque de France is not required to choose it. State any accessibility issue, travel limitation or urgent payment problem so the file explains why a rapid appointment matters.

Once the dossier is complete, the Banque de France designates a credit institution. Its current public guidance states that the designation is made within 24 hours and remains valid for six months. The bank chosen must then tell you within three working days which documents and branch are required. Article R. 312-7 uses the same timetable: « dans les trois jours ouvrés à compter de la réception de la décision de désignation ». The official text is available at Article R. 312-7 of the Code monétaire et financier.

After you provide the documents, the designated bank must open the deposit account within three working days, subject to the legal identity and anti-money-laundering checks. Article L. 312-1 contains the three-day obligation for the bank designated by the Banque de France. Article D. 312-8 confirms that the basic banking services are supplied « sans contrepartie contributive de sa part ». That phrase means that the qualifying basic services are free of a contribution from the account holder. The reference is Article D. 312-8 of the Code monétaire et financier.

Do not let the timetable create a false expectation that every document request is unlawful. The designated bank can check identity, tax residence, expected use and source of funds. It can ask for a certified copy or an in-person appointment where remote identification is not satisfactory. It can also ask for a translation of a document where it cannot understand the information. The correct response is to provide the requested document or ask in writing for an acceptable alternative, while recording the date on which each document was supplied.

The services are deliberately basic. Article D. 312-5 lists the opening, keeping and closing of the account, one address change each year, bank-account identification details, direct-crediting of transfers, a monthly statement, cheque and transfer collection, SEPA direct debits and transfers, remote balance consultation, cash deposits and withdrawals, and a payment card usable in the European Union. Its exact list is available on Article D. 312-5 of the Code monétaire et financier.

Article D. 312-5-1 adds the services attached to a right-to-account account, including a payment card for which each transaction is authorised by the bank and up to two bank-cheque forms per month or equivalent means. The official provision says: « Une carte de paiement dont chaque utilisation est autorisée par l’établissement de crédit ». See Article D. 312-5-1 of the Code monétaire et financier. This is not a promise of an overdraft, a credit card, a cheque book without limits, an investment account, a mortgage or the same products offered to a premium customer.

The account is free for the basic services, but incidents, seizures and optional products can have separate consequences. Ask for the written account agreement and the tariff. If the bank proposes a standard commercial package, make sure you understand whether you are expressly giving up the free basic-services arrangement. The Banque de France explains that a beneficiary can later request additional services, but the bank may accept or refuse them and a move to an ordinary offer can involve an express waiver of the basic-services benefit.

Keep a dated schedule. Day zero is the bank’s refusal or the expiry of the fifteen-day silence period. The next stage is submission of a complete Banque de France file. The designation should arrive within the stated short period. The six-month validity of the designation is a hard practical deadline: contact the designated agency promptly, even if you are waiting for a translation, a certified document or a new appointment. Send documents by a traceable method and keep the transmission receipt.

B. What can you do if the designated bank still refuses?

A designated bank is not in the same position as the first commercial bank. The Banque de France page states that refusal is possible only in limited situations, including an existing individual deposit account, failure to provide the documents needed for anti-money-laundering checks, inability to identify the customer, false documents, or failure to meet the French domicile condition. Article L. 561-8 of the Monetary and Financial Code explains the compliance boundary: where the institution cannot satisfy the required identification duties, it « n’établit ni ne poursuit aucune relation d’affaires ». A designated bank therefore retains a legal compliance power, but not an open-ended commercial veto.

Ask the designated bank for a written decision that identifies the precise ground relied upon and the date on which the decision was sent to the Banque de France. If the bank says that you did not prove domicile, identify the document it considered insufficient and provide a focused replacement. If it says that you already have a French account, list the account holder, institution, type and closure status. If it says that identification failed, ask whether an in-person appointment, a certified passport copy, a residence document or a translated civil-status document would resolve the problem.

If the refusal simply repeats “Brexit” or “British nationality” without identifying a residence, identification or transaction issue, write immediately to the Banque de France using its customer-relations channel and attach the designation letter, your full file, the bank’s refusal, and the chronology. Do not send only a complaint that you were treated unfairly. State the legal remedy requested: review of the designated bank’s refusal, confirmation of the remaining documents, and instructions for completing the right-to-account opening within the statutory framework.

At the same time, separate three possible disputes. The first is a missing-document dispute: the bank has asked for evidence and the file is incomplete. The second is an eligibility dispute: the bank says that you are not domiciled in France, already have an individual deposit account, or are outside the categories in Article L. 312-1. The third is a discrimination dispute: the bank has treated your British nationality as a blanket exclusion while accepting comparable evidence from people of another nationality. The response, proof and forum differ for each category.

For a discrimination concern, preserve the exact language used by the bank, the date, the branch or website, the documents supplied, and any written policy. A comparison can be important: for example, a French resident with a valid passport, identical address evidence and the same intended personal use may have been accepted while your application was rejected solely after the bank recorded your nationality. Avoid publishing accusations before the evidence is assembled. An internal complaint, the bank’s mediator where appropriate, the Autorité de contrôle prudentiel et de résolution for general regulatory information, or the Défenseur des droits may be relevant depending on the facts.

A court claim can also require a properly defined legal basis and a practical remedy. If the issue is a contractual banking relationship that already exists, Article 1217 of the Civil Code lists possible responses to non-performance, including forced performance and compensation for the consequences of non-performance. If the allegation concerns a separate fault causing loss, Article 1240 provides: « Tout fait quelconque de l’homme, qui cause à autrui un dommage, oblige celui par la faute duquel il est arrivé à le réparer ». The official reference is Article 1240 of the Code civil. These general provisions do not replace the faster administrative right-to-account route and should not be used without identifying the relationship and loss involved.

The two Court of Cassation decisions mentioned above also help prevent an overbroad claim. The 2007 decision, no. 07-12.382, supports the argument that a bank cannot disregard its own acceptance of identity evidence where there is no genuine doubt about the account holder. The 2021 decision, no. 19-14.313, shows that a right-to-account account can be terminated without ordinary notice in a legally defined suspicion-of-illegal-use situation. Neither decision says that a bank must ignore anti-money-laundering obligations, nor does either decision convert every ordinary commercial refusal into discrimination.

Do not confuse the right-to-account remedy with our guide to a French bank closing an existing account after Brexit. That article addresses notice, termination and remedies after an account is open. The present procedure is for the earlier stage: refusal to open an individual French deposit account and the evidence needed to ask the Banque de France to designate a bank. If the issue is a forgotten UK account declaration rather than access to a French account, the relevant practical question is instead the French tax filing and Form 3916 or 3916-bis. Those distinctions avoid sending the wrong document to the wrong institution.

For a British household, the most useful final file is therefore a single indexed PDF or paper bundle containing: the written account request; proof of delivery; refusal certificate or fifteen-day evidence; British passport; residence permit or visa evidence; recent French domicile proof; tax-residence self-certification; declaration concerning existing French accounts; explanation of intended personal use; Banque de France form; designation letter; every document requested by the designated bank; and the final refusal if one occurs. Add a short chronology with dates, names and the exact words used. This format allows the Banque de France, a mediator or a lawyer to identify the obstacle quickly.

Conclusion

A British citizen who is genuinely domiciled in France and has no individual French deposit account can generally use the French right-to-account procedure after a bank refusal. Brexit changes the residence and immigration background, but it does not create a blanket ban on British residents opening a French account. The decisive file is built around domicile, refusal evidence, identity, truthful tax-residence information and proof that no individual French deposit account is already available.

Ask the first bank for a written refusal, or prove fifteen days of silence. Submit the complete file to the Banque de France, monitor the one-day designation and three-day bank deadlines, and contact the designated agency before its six-month letter expires. If the designated bank refuses, demand the precise legal ground and send the complete chronology back to the Banque de France. A compliance request can be answered; a nationality-only refusal requires a different evidential response.

Need a quick opinion on your case

Arrange a telephone consultation within 48 hours with a lawyer from the firm to review the refusal, your French residence evidence and the Banque de France file.

Call +33 6 46 60 58 22 or use the French contact form. Please keep the refusal, proof of delivery, residence documents and every message exchanged with the bank.

Source : Cour de cassation – Base Open Data « Judilibre » & « Légifrance ».

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