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

Barreau de Paris Immobilier, sociétés, affaires Fiche CNB avocat.fr
Maître Reda KOHEN, avocat au Barreau de Paris
Maître Reda KOHEN
Avocat au Barreau de Paris

Your UK Bank Is Closing Your Account Because You Live in France: How to Open a French Account, Use the Droit au Compte Safety Net and Challenge a Refusal

Your UK Bank Is Closing Your Account Because You Live in France: How to Open a French Account, Use the Droit au Compte Safety Net and Challenge a Refusal

Chapeau

Since Brexit, a letter that thousands of British residents in France recognise has kept arriving in post boxes and inboxes: your UK bank writes that it can no longer keep your current account open because you live in France, gives you sixty days, and invites you to make other arrangements. The shock is understandable. Your salary, your UK direct debits, your savings history and sometimes decades of loyalty sit in that account. Then comes the second shock. You walk into a French branch with your passport and your tenancy agreement, and the adviser refuses to open an account, or asks for documents you do not yet have. French law anticipates exactly this double bind. On the UK side, the closure must follow the notice stated in your contract, and every step should leave a paper trail that the French tax administration will later ask to see. On the French side, any person domiciled in France who holds no other deposit account in France has a statutory right to an account, and when a bank says no, the Banque de France names another bank that must say yes within days. This guide explains both halves in order: first, how to manage the UK closure without losing money or proof; second, how to force open a French account through the droit au compte procedure, what the designated bank must give you, and how to challenge an abusive closure or a refusal in Paris and the Île-de-France as anywhere else in France.

I. My UK Bank Says It Is Closing My Account Because I Live in France: What the Closure Letter Changes and What to Do First

A. The Sixty-Day Letter From London: Why Your UK Bank Can End the Relationship and Which Deadlines Protect You

Start with what the letter is. A bank account is a contract of indefinite duration, and under both English and French law a bank is entitled to end that relationship, provided it respects the notice period written into the terms you signed. Since the end of the Brexit transition period, several British high-street banks have reviewed the accounts of customers whose address is in the European Union, because serving EU residents from London without an EU licence became far harder. Your bank does not need your permission to leave the relationship, and no regulator will order it to keep a loss-making account open. What it owes you is procedure: the notice stated in its terms, your money back in full, and clear information about the date on which the account actually closes.

Read the letter twice and calendar two dates. The first is the last day on which the account operates normally. The second, which sometimes differs by a few days, is the effective closure date on which standing orders stop and the remaining balance is sent to you. French courts have shown why that distinction matters. In a dispute between an individual customer and a major French bank over an allegedly abusive closure, the Paris Court of Appeal recalled the governing principle in these words: “S’il est exact que tout auteur exerçant un droit que la loi répute discrétionnaire doit répondre d’un éventuel abus”. The closure right is discretionary, in other words, but its exercise can still be punished when it is abusive. The same court immediately added where the burden lies: “M. [P], sur lequel repose la charge de la preuve de cet abus, ne le démontre pas en l’espèce dès lors que la mauvaise foi ou la volonté de nuire de la banque ne sont pas démontrées”. The customer lost because he could not prove bad faith or an intent to harm (CA Paris, Pôle 5, Chambre 6, 10 May 2023, RG 22/05206). The lesson for you is practical rather than discouraging: from the day the letter arrives, behave as though you may one day have to prove what the bank did and when. Keep the letter, keep the envelope or the email headers, and put every subsequent request in writing.

Write back to the UK bank within a week, even if the letter says the decision is final. Ask for three things: confirmation of the exact effective closure date in writing, a list of all standing orders and direct debits still attached to the account, and a postponement of a few weeks if the stated deadline falls before you can open a French account. Banks often grant short extensions when they see a customer actively moving regular payments. Download or order five years of statements now, while online access still works, because those statements are the simplest proof of the origin of the funds you will transfer to France, and a French bank will ask where a large incoming transfer comes from. If the balance includes the proceeds of a house sale, an inheritance or a pension lump sum, keep the underlying document too: the completion statement, the grant of probate, the pension statement. French anti-money-laundering checks apply to new customers, and arriving with your file ready shortens every queue.

Do not close the UK account yourself in anger before the French replacement is running. Let the bank’s notice run, move your income first, then your regular payments, and keep a small buffer until the last direct debit has cleared. Cheques deserve special attention if you still hold a UK cheque book or have issued French cheques from an old French account: a cheque presented after closure is rejected and can trigger a registration with the Banque de France for irregular cheques, which then complicates the opening of any new account. Ask the closing bank for a written confirmation once the balance reaches zero, showing that the account is closed at its initiative and that nothing remains due on either side. That single page is worth more than a year of explanations if a question arises later.

The final task on the UK side is tax, and it surprises almost every newcomer. Because you are domiciled in France, you must declare to the French tax administration the references of every account you open, hold, use or close abroad, at the same time as your yearly income tax return. Article 1649 A of the French Tax Code states it plainly: “Les personnes physiques, les associations, les sociétés n’ayant pas la forme commerciale, domiciliées ou établies en France, sont tenues de déclarer, en même temps que leur déclaration de revenus ou de résultats, les références des comptes ouverts, détenus, utilisés ou clos à l’étranger.” A closed UK account must therefore appear on the declaration for the year of closure, with its opening and closing dates. The British government’s own Living in France guide says the same thing from the London end: residents must declare assets held outside France, expressly including bank accounts, in a declaration that stands apart from the annual tax return. The penalty for forgetting is not theoretical. Article 1736 of the Tax Code provides that “Les infractions aux dispositions du deuxième alinéa de l’article 1649 A et de l’article 1649 A bis sont passibles d’une amende de 1 500 € par compte ou avance non déclaré.” One undeclared current account costs 1,500 euros, and the uplift to 10,000 euros applies only where the account sits in a state with no administrative assistance treaty with France, which is not the case of the United Kingdom. Declare the closed account, keep the closure confirmation with your tax file, and read our companion guide on how your first French tax return declares the split year and the tie-breaker so the closure lands in the right year’s form.

B. Before the Money Moves: Balances, Regular Payments, Cheques and the Proof File Your New French Bank Will Demand

With the timetable fixed, organise the move of money as a small project with four checklists: income in, payments out, cheques and cards, and proof of origin. Map your income first. If a UK pension, rental income or salary still lands in the closing account, redirect it to the new French account the day that account opens, and leave one full payment cycle of overlap so nothing bounces. Then list every outgoing payment: UK direct debits for insurance, subscriptions and utilities, and any French prélèvements if the closing account is an old French one. Rebuild them one by one on the new account rather than assuming any automatic transfer, because neither British nor French banks routinely port direct debit mandates across borders and across institutions. A missed French electricity or tax direct debit generates penalties within weeks, while a missed UK payment dents a credit file you may still need.

Cheques and cards need a calendar of their own. Stop issuing cheques at least a month before the effective closure date, warn anyone holding one of your cheques, and cut up the cards only after the final statement shows no pending authorisation. This is not fussiness. The Aix-en-Provence Court of Appeal condemned a bank that had closed an account without telling its customers the date on which the closure took effect, leaving them unable to stop cheques in circulation. The court found that “il n’est pas établi qu’elle ait informé M. et Mme [F] de la date effective de la clôture du compte, les empêchant ainsi de prendre les mesures nécessaires pour ne plus émettre de chèques ou s’assurer du paiement des chèques émis”, and ordered the bank to bear the fees that other banks had charged as a result (CA Aix-en-Provence, Chambre 3-3, 6 February 2025, RG 20/11957). Reverse the lesson: insist that your closing bank states the effective date in writing, and organise your last cheques around it.

Build the proof-of-origin file before you need it. A French bank opening an account for a newly arrived British resident must, by law, identify you and understand the purpose and intended nature of the relationship. When a transfer of 50,000, 100,000 or 300,000 pounds arrives from London a week after you open the account, the bank’s compliance team will ask for the story behind it, and the quality of your answer determines whether the money is available in days or frozen for weeks. Staple together the UK statements, the closure letter, the sale or probate or pension document behind the balance, your passport, your long-stay visa or Withdrawal Agreement residence permit, and your French proof of address. If the funds are the proceeds of a UK house sale that completed after you became French tax resident, keep the completion statement and the exchange and completion dates, because the capital gains position of that sale is a separate question your tax file must answer. Arriving with this file does not merely please the adviser. It deprives the bank of the only lawful ground for refusing you that truly escapes review, as the next part explains.

II. A French Bank Refused to Open My Account: How the Droit au Compte Procedure Gets You an Account Within Days

A. Turned Away at the Counter: Who Qualifies for a French Account, What the Refusing Bank Must Hand You, and the One Refusal You Cannot Force

French law gives you a right that has no equivalent in England: the droit au compte, the right to an account. Article L312-1 of the Monetary and Financial Code opens with the promise itself: “A droit à l’ouverture d’un compte de dépôt dans l’établissement de crédit de son choix, sous réserve d’être dépourvu d’un tel compte en France”. The first category of beneficiaries is drafted for you: “Toute personne physique ou morale domiciliée en France”. A British citizen who lives in France, whether under a Withdrawal Agreement card, a long-stay visa validated as a residence permit, or a multi-year carte de séjour, is a natural person domiciled in France. The only substantive condition is that you hold no other deposit account in France. Holding a UK account, however large, does not disqualify you. Neither does being registered in a Banque de France incident file, since the same article expressly extends the right to persons listed in those files.

Prepare the visit as carefully as the UK closure. Bring your passport, your residence permit or the visa vignette with its online validation, a proof of French address dated less than three months ago, and, where relevant, your marriage certificate if the utility bill is in your spouse’s name. Ask for a standard current account and accept that the bank will photocopy everything and question you about your activity, your income and the expected movements on the account. That interview is not harassment. It is the bank performing the customer due diligence the law imposes on it, and answering fully is in your interest.

If the bank refuses, article L312-1, II, organises the refusal instead of leaving you at the adviser’s mercy. The refusing bank must explain itself: “Si l’établissement refuse l’ouverture du compte de dépôt, il fournit au demandeur gratuitement, sur support papier, et sur un autre support durable lorsque celui-ci en fait la demande expresse, les motifs de ce refus en mentionnant, le cas échéant, la procédure prévue au III.” Demand that written statement before you leave the branch, and demand the second document in the same breath. Article L312-1, III, continues: “L’établissement de crédit qui a refusé l’ouverture d’un compte fournit au demandeur systématiquement, gratuitement et sans délai, sur support papier, et sur un autre support durable lorsque celui-ci en fait la demande expresse, une attestation de refus d’ouverture de compte et l’informe qu’il peut demander à la Banque de France de lui désigner un établissement de crédit pour lui ouvrir un compte.” The attestation is the key that opens the next door. The bank must also offer, for a natural person, to forward the designation request to the Banque de France on your behalf. Accept the offer when it is made, because a file transmitted by the bank itself is rarely disputed as incomplete.

Two practical refinements from the Banque de France’s own published procedure strengthen your position. First, you do not need to beg twice: send the account request by registered letter with acknowledgment of receipt, or hand it in at the counter against a signed receipt, and, as the Banque de France procedure guide explains, fifteen days of silence after a registered request counts as a refusal. Keep the postal receipt or the counter slip; after fifteen days of silence it counts as your attestation. Second, the file the Banque de France expects is short and standard: the refusal attestation or the fifteen-day-old proof of request, a valid official identity document, and a proof of address less than three months old. The official service-public.fr fact sheet on refusal of account opening describes the same route (service-public.fr, Refus d’ouverture de compte bancaire: droit au compte).

There is one refusal you cannot force, and understanding it saves you a wasted procedure. A bank must not open or continue an account when it cannot satisfy its anti-money-laundering duties. Article L561-8 of the Monetary and Financial Code provides: “elle n’exécute aucune opération, quelles qu’en soient les modalités, n’établit ni ne poursuit aucune relation d’affaires”. The same article adds that “Le I s’applique également lorsqu’un établissement de crédit a été désigné par la Banque de France sur le fondement de l’article L. 312-1”, which means even the bank named by the Banque de France may still refuse if your identification or the justification of your funds fails. In practice this is why the proof-of-origin file from the first part of this guide matters so much. A refusal that says, in substance, that the bank could not verify who you are or where the money comes from is lawful and will survive every appeal. A refusal that gives no reason, or that invokes vague internal policy against a fully documented British resident, is exactly what the designation procedure exists to override.

B. Designated Within a Day, Open Within Three: What the Named Bank Must Give You, What It Costs, and How to Challenge a Closure or a Refusal in Paris and Beyond

File the designation request as soon as you hold the attestation. You can file online through the Banque de France’s dedicated teleservice, by post, or at any Banque de France branch counter, including the Paris branches if you live in the capital or the inner suburbs. State a preferred area: article L312-1, III, says the Banque de France names “un établissement de crédit situé à proximité de son domicile ou d’un autre lieu de son choix, en prenant en considération les parts de marché de chaque établissement concerné”. Ask for a branch near your home or near your workplace, and the designation follows that choice subject to market-share balancing among banks. Speed is the striking feature of the procedure. Article L312-1, III, orders designation “dans un délai d’un jour ouvré à compter de la réception des pièces requises définies par arrêté”, and the Banque de France announces in plain language that a designation that the Banque de France states arrives in practice within twenty-four hours and stays valid for six months. Present yourself to the named branch within those six months with the designation letter and the same identity and address documents. Article L312-1, III, then binds the named bank: “Ils procèdent à l’ouverture du compte de dépôt dans les trois jours ouvrés à compter de la réception de l’ensemble des pièces qui lui sont nécessaires à cet effet.”

Know what the designated account contains and what it costs. The account comes with the services bancaires de base, the basic banking services, free of charge, and their content is fixed by decree rather than by the bank’s commercial range. Article D312-5 of the Monetary and Financial Code lists them: “1° L’ouverture, la tenue et la clôture du compte”, monthly statements, cheque and transfer collection, SEPA direct debits and transfers, remote balance consultation, cash deposits and withdrawals, and “10° Une carte de paiement permettant notamment le paiement d’opérations sur internet et le retrait d’espèces dans l’Union européenne”. Expect a debit card with systematic authorisation rather than a prestigious gold card, online consultation of the balance, and no overdraft facility. The Banque de France confirms that the opened account carries the basic banking services free of charge, and adds that you may later ask the same bank for a standard commercial package, which it may accept or refuse; accepting means expressly giving up the free basic-services regime. For a newly arrived household this basic account is entirely sufficient to receive a salary or pension, pay rent and utilities by direct debit, and operate a carte bancaire for daily spending across the eurozone.

Read the written account agreement before you sign it, because that agreement governs the closure rules you will live under. Article L312-1-1 of the Monetary and Financial Code requires that “La gestion d’un compte de dépôt des personnes physiques n’agissant pas pour des besoins professionnels est réglée par une convention écrite, sur support papier ou sur un autre support durable, passée entre le client et son établissement de crédit.” The agreement must state the conditions for opening, operating and closing the account. For payment services attached to the account, the statute adds a notice floor that protects you against a brutal closure: “Le prestataire de services de paiement résilie un contrat-cadre de services de paiement conclu pour une durée indéterminée moyennant un préavis d’au moins deux mois fourni sur support papier ou sur un autre support durable” (article L314-13). A designated basic-services account enjoys an even stronger shield: the bank may only terminate it on one of six exhaustively listed grounds, including the customer’s deliberate use of the account for suspected illegal operations, inexact information supplied at opening, loss of the domicile or residence condition, the later opening of a second account usable for basic services, repeated rudeness toward staff, or an anti-money-laundering deadlock. Any termination requires a reasoned letter on paper, sent free of charge, with the minimum notice that article L312-1, IV, imposes: “Un délai minimum de deux mois de préavis est octroyé au titulaire du compte, sauf dans les cas mentionnés au 1° et au 2°.”, namely suspected illegal use and false information.

If the designated bank drags its feet beyond the three working days, or closes the account without a listed ground and without the two months’ notice, act in three stages. First, write to the bank’s customer relations department and to its médiateur, the independent ombudsman whose contact details appear in your account agreement, setting out the dates and attaching the designation letter. The mediator procedure is free and suspends nothing, so run it in parallel with the second stage: a complaint to the Banque de France branch that designated the bank, which monitors compliance with the designation. Third, for a closure that has cost you money, the courts remain open. The Paris ruling quoted above shows the standard you must meet: the closure right is discretionary, and only proof of bad faith or intent to harm turns a lawful closure into an abusive one. Gather the termination letter, the absence of reasons, the timing relative to a complaint you had made, and any internal contradiction in the bank’s explanations. Modest but real awards follow where the bank cannot explain itself, as the Aix-en-Provence ruling on the missing effective date shows: unexplained closure handling cost that bank the customers’ resulting fees plus a pro-rata card refund.

For readers in Paris and the Île-de-France, three local points reinforce the strategy. First, file where the procedure is fastest for you: the Banque de France’s Paris offices receive designation requests at the counter and through the online teleservice alike, and Paris advisers process British files daily, so a complete file with passport, residence permit and recent proof of address rarely bounces for formal reasons. Second, use the choice-of-place rule deliberately. If you live in Boulogne-Billancourt but work near Opéra, you may ask for designation near either place; choose the branch you can actually visit at lunchtime, because the three-day opening clock runs from receipt of all required documents and a branch that never sees you moves slowly. Third, keep the Paris paper trail in one folder: the UK closure letter, the French refusal attestation, the Banque de France designation, the account agreement and the first three statements. Paris landlords, employers and schools ask for a relevé d’identité bancaire within days of any new lease, hire or enrolment, and producing it immediately converts the banking episode from a crisis into an anecdote.

Conclusion

A UK bank that closes the account of a customer who lives in France exercises a contractual right, not a punishment, and your answer is organisation: calendar the effective date, move income before payments, stop cheques early, and keep every letter for the French tax declaration that must mention the closed account. A French bank that refuses you a new account faces a symmetrical constraint: any person domiciled in France without a French deposit account has the statutory right to one, the refusal must be written and reasoned, and the Banque de France names within one working day a bank that opens the account within three. Between those two certainties lies the only ground on which a bank may lawfully hold its ground, the anti-money-laundering verification of who you are and where your money comes from, which your proof file should satisfy before the question is even asked. Handle the closure methodically, file the designation promptly, read the account agreement you sign, and the two banking systems that Brexit pulled apart reconnect around your household within a fortnight.

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

What our clients say

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kader ladjouzi
3 weeks ago

Best real estate and business lawyer in Paris. A compassionate and attentive lawyer, with a wonderful team. Thank you, Maître KOHEN

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Janou SAMUEL
1 month ago

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4 months ago

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5 months ago

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5 months ago

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Reply from the firm

Thank you very much, Miss Maazaz, for this feedback. Analytical rigor and responsiveness are essential commitments of our law firm specializing in real estate law in Paris, where each case requires a tailored approach. Delighted that we were able to achieve a favorable outcome. The firm remains at your disposal. Best regards.

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A big thank you for this feedback. It is exactly this kind of return that gives full meaning to our commitment to real estate law in Paris. Your satisfaction is our best recommendation.

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Thank you for this feedback. Real estate law is a field that leaves no room for approximation, and it is this high standard that guides our work. Your recognition honors us.

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