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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

British in France After Brexit: When Your Bank Refuses an Account or Closes It — Droit au Compte, Notice Rights and How to Challenge the Decision

Your French life runs through your relevé d’identité bancaire, the bank account identification slip universally known as the RIB. Your salary lands on it, your caisse primaire d’assurance maladie (CPAM, the local health insurance fund) reimburses medical costs to it, the tax office takes direct debits from it, and your landlord, your insurer and your telephone operator all ask for a copy before they sign anything. So when a French bank refuses to open an account for you, or writes to say it is closing the one you already hold, the effect is immediate and practical: rent, wages, healthcare reimbursements and tax payments all hang in the balance. Since Brexit, British applicants report these refusals and closures more often. There are reasons for that, and there are also remedies many British residents never use. This article explains both, step by step: what a bank may lawfully ask you and what it must put in writing when it says no, the droit au compte (the statutory right to an account) that guarantees every person domiciled in France a basic account through the Banque de France (the French central bank), the strict notice periods and the only lawful grounds for closing such an account, and how to challenge a refusal or a closure with evidence, mediation and, where needed, a judge.

I. The bank says no: getting an account opened after a refusal

A. Why British applicants are refused since Brexit, and what the bank must give you in writing

Before Brexit, a British citizen walked into a French branch as a European Union national. Since the end of the transition period, you walk in as a third-country national, and three consequences follow. First, the bank must apply its full customer due-diligence duties to you without the benefit of any European passporting assumption: it has to identify you and verify that identity against a probative written document, under article L. 561-5 of the Code monétaire et financier (the Monetary and Financial Code), which provides that banks “Identifient leur client” and “Vérifient ces éléments d’identification sur présentation de tout document écrit à caractère probant”. Second, under article L. 561-5-1 of the same Code, the bank must collect information on the purpose and intended nature of the relationship — “les informations relatives à l’objet et à la nature de cette relation” — and keep it updated for as long as the relationship lasts. A newly arrived Briton with no French tax record, no French credit history and funds arriving from a London account will therefore face longer and more searching questions than a local applicant, particularly where large transfers from the United Kingdom are involved. Third, sanctions and anti-money-laundering screening now treats United Kingdom links as non-EU links, which increases the number of files sent for second-level compliance review. None of this authorises a bank to refuse you because you are British. But it explains why files stall, why additional documents are requested, and why some counter staff reach too quickly for a refusal.

A lawful refusal is a formal document, not a shrug at the counter. Prepare your file as if every paper will be examined twice: a valid passport, your residence title (your Withdrawal Agreement card, known as the WARP card, your long-stay visa with its OFII vignette, or your carte de séjour, the residence permit), proof of your French address such as a utility bill, a bail (a signed lease) or a French tax notice, and proof of the origin of the funds you intend to deposit, such as United Kingdom bank statements or a completion statement from a conveyancer. Where the bank still refuses, the statute organises what happens next. Under article L. 312-1 of the Code monétaire et financier, a bank that refuses to open the deposit account must give you the reasons for its refusal in writing and on paper, and the refusing bank must provide you systematically, without delay and at no cost to you with an attestation de refus, a formal certificate recording that it refused to open an account: the statute requires the bank to supply “une attestation de refus d’ouverture de compte” as a matter of course, immediately and without charge. Insist on receiving both documents before you leave the branch or, for an online application, before the correspondence ends: the certificate is the key that opens the next door, and without it you cannot prove the refusal. Keep copies of everything you sent and everything you received, with dates, because a refusal file is built on paper and a challenge is won on paper. For the residence side of your file, the rules on visas and residence permits for British newcomers are set out in our companion guide to long-stay visas and cartes de séjour after Brexit, which explains which title to hold before you approach the bank.

B. The droit au compte safety net: Banque de France designation and basic banking services

The droit au compte, the statutory right to a bank account, is one of the most effective and least used protections available to British residents in France. Article L. 312-1 of the Code monétaire et financier states the principle in deliberately wide terms: “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 : 1° Toute personne physique ou morale domiciliée en France”. Read that carefully, because Brexit changed its geometry. Before Brexit, a Briton still living in London could rely on the second category of beneficiaries, persons legally resident in another European Union Member State. That door is now closed to United Kingdom residents. But the first category is fully open to you: any individual domiciled in France, of any nationality, is entitled to an account. Domicile in French law means the place of your principal establishment, as article 102 of the Code civil (the Civil Code) confirms: “Le domicile de tout Français, quant à l’exercice de ses droits civils, est au lieu où il a son principal établissement”. If your everyday life, your home, your work or your family base is in France, you are domiciled in France for this purpose even though you hold a British passport. Conversely, owning a French holiday home while your life remains centred in Manchester or Kent does not by itself make you domiciled in France, and a purely non-resident second-home owner will struggle to invoke the procedure. Between those two poles, borderline cases — the retiree spending seven months in the Dordogne, the remote worker alternating between London and Lyon — are decided on facts, which is why your lease, your utility bills and your French tax notices matter as much as your passport.

Once you hold the refusing bank’s certificate, the procedure moves fast and costs you nothing. You apply to the Banque de France, which designates a bank near your home or near another place of your choosing within one working day of receiving the required documents: “dans un délai d’un jour ouvré à compter de la réception des pièces requises”. The designated bank must then open your account within three working days of receiving the complete file: “dans les trois jours ouvrés à compter de la réception de l’ensemble des pièces”. A department, a family allowance fund, a communal social action centre, a support association or an approved consumer association may transmit the application on your behalf if you ask them to, which helps applicants whose French is limited. The official service-public.fr information sheet on the procedure (fiche F2284) and the Banque de France’s own pages on the droit au compte bancaire and on how to exercise your droit au compte walk you through the current list of documents and counters, and the designation letter they issue remains valid for six months, so a short delay in attending the designated branch does not destroy your right. The United Kingdom government’s own living in France guidance separately reminds British residents to organise banking early, which confirms how central this step is to a lawful and practical settlement.

What you receive is not a favour but a defined package. The designated bank must offer services bancaires de base, basic banking services whose content is fixed by decree, and article D. 312-5 of the Code monétaire et financier lists them: opening, maintaining and closing the account, one change of address per year, RIBs on request, direct debit authorisation facilities, a monthly statement, cheque and transfer deposits, SEPA payments, remote balance checks, cash deposits and withdrawals, and a payment card usable for online purchases and cash withdrawals within the European Union. The relationship is governed by a written convention de compte, an account agreement, under article L. 312-1-1 of the Code monétaire et financier, and charges for irregular transactions are capped by article L. 312-1-3, with lower specific caps for holders of basic-service accounts and for persons in financial fragility. Two points deserve emphasis because British applicants often assume the opposite. First, past banking incidents do not disqualify you: the statute expressly provides that the right to an account applies to persons recorded in Banque de France incident files, since “Le présent article s’applique aux personnes inscrites aux fichiers gérés par la Banque de France en application de l’article L. 131-85 du présent code et de l’article L. 751-1 du code de la consommation”. A fichier des incidents de remboursement des crédits aux particuliers (FICP, the register of loan repayment incidents) or a fichier central des chèques (FCC, the central cheque register) entry linked to a difficult period does not remove your entitlement. Second, the designated bank cannot defeat the procedure through its anti-money-laundering duties as a matter of routine: article L. 561-8 of the Code monétaire et financier does allow a bank, including a designated one, to refuse to enter into or to continue a relationship where it cannot complete its customer due-diligence checks — “elle n’exécute aucune opération… n’établit ni ne poursuit aucune relation d’affaires” — but that is an exception for cases where verification genuinely fails, not a general licence to refuse British files. Complete, coherent and verifiable documents therefore remain your strongest asset at every stage.

II. The bank closes the account you already hold: notice periods and the only lawful grounds

A. The two-month notice rule and the six cases that allow closure of a basic-service account

Closure hurts more than refusal, because direct debits keep presenting themselves while the account is dying: the electricity supplier, the insurer, the landlord and the tax office do not pause for your dispute with the bank. French law therefore surrounds closure with notice periods that protect you even where the bank has a genuine reason to end the relationship. For an ordinary account, article L. 312-1-1 of the Code monétaire et financier provides that “L’établissement de crédit résilie une convention de compte de dépôt conclue pour une durée indéterminée moyennant un préavis d’au moins deux mois”, on paper or another durable medium. Your side of the relationship is more flexible: you may terminate at any time, subject only to a contractual notice period that cannot exceed thirty days, and after six months termination is without charge. For an account with basic banking services opened through the droit au compte procedure, protection is stronger still. Article L. 312-1 allows the bank to terminate unilaterally only where at least one of six exhaustively listed conditions is met: “L’établissement de crédit ne peut résilier unilatéralement la convention de compte de dépôt assorti des services bancaires de base, ouvert en application du III, que si l’une au moins des conditions suivantes est remplie”. Those six cases are: deliberate use of the account for operations the bank has reason to suspect of pursuing illegal purposes; inaccurate information supplied by the customer; loss of the domicile or residence condition; the later opening of a second deposit account in France giving access to basic services; repeated rudeness towards the bank’s staff; and a situation covered by the anti-money-laundering termination rule in article L. 561-8. Every termination must be sent by letter, motivated except where stating reasons would harm national security or public order, and copied to the Banque de France, and a minimum two-month notice period applies in every case except the first two: “Un délai minimum de deux mois de préavis est octroyé au titulaire du compte, sauf dans les cas mentionnés au 1° et au 2°”. The closure letter must also inform you of the bank’s customer relations department and of the médiation, the independent mediation scheme, for any dispute arising from the termination.

The leading decision on these basic-service closures deserves close attention from any British holder, because it shows how narrow the no-notice exception really is. On 30 June 2021 the commercial chamber of the Cour de cassation (the French supreme court for civil and commercial matters), appeal number 19-14.313, published in the Bulletin (ECLI:FR:CCASS:2021:CO00623, full text available through the official Legifrance case-law database), quashed a court of appeal ruling that had declared a bank’s summary closure unlawful. The account had been opened through the droit au compte procedure after an initial refusal, then closed without notice for allegedly atypical operation linked to a commercial partner subject to international sanctions. The Court held, word for word: “Il résulte de ce texte que l’établissement de crédit peut résilier unilatéralement la convention de compte assorti des services bancaires de base, ouvert en application du droit au compte, lorsque le client a délibérément utilisé son compte pour des opérations que l’organisme a des raisons de soupçonner comme poursuivant des fins illégales, auquel cas il est dispensé de lui accorder un préavis.” In other words, the bank may close without notice only where the customer deliberately used the account for operations it had reason to suspect of illegal purposes, and the Court added that deliberately communicating your account details to a business partner so that payment reaches that account can constitute such deliberate use. The appeal court had reasoned that the suspicious transfer arrived after the closure decision and therefore could not justify it; the Cour de cassation answered that those findings were legally insufficient to exclude deliberate use in the circumstances the bank had described, and it quashed the ruling in full. Three practical lessons follow for British readers. First, keep your account use transparent and documentable: transfers routed through intermediaries, unexplained third-party payments and structures you cannot explain in plain language are precisely what compliance departments flag. Second, if your activity involves sanctioned jurisdictions, dual-use goods or complex cross-border chains, take advice before the money moves, not after the account is frozen. Third, where none of the six statutory cases genuinely applies, a closure without the two-month notice is vulnerable, and the bank, not you, carries the burden of fitting its decision into one of those cases.

B. Challenging the closure: evidence, mediation and what judges actually award

When the closure letter arrives, work fast and in the right order, because some remedies depend on documents that disappear quickly. First, secure the essentials: the closure letter itself with its date and its stated reasons, the original convention de compte, the last twelve months of statements, and proof of every direct debit and standing order linked to the account, including rent, insurance, energy, telephone and tax payments. Redirect what you can to another account immediately so that a disputed closure does not manufacture a trail of defaults that later appear on your record. Write back to the bank’s customer relations department by recorded letter, asking for the precise legal ground relied upon, the date on which the notice period is said to have started and to end, and a complete list of operations rejected or fees charged since the closure was announced. Where the closure follows a period of enhanced due-diligence questioning, add the missing explanations proactively: source of funds, nature of the business relationship, identity of intermediaries. Remember, however, that where the bank has filed a suspicion report with TRACFIN (the French anti-money-laundering intelligence unit) under article L. 561-15 of the Code monétaire et financier, which obliges banks to declare sums or operations they know, suspect or have good reason to suspect of criminal origin, the bank is bound to confidentiality and will not explain itself beyond the formal letter. A terse reply does not always mean an unlawful closure; it sometimes means a confidential one, and your strategy must adapt accordingly rather than battering a door the bank is legally forbidden to open.

Second, use the out-of-court ladder before contemplating litigation. Every closure letter must point you to the bank’s customer relations service and to mediation, and you should follow that path in writing: complaint to customer relations, then referral to the independent banking médiateur (mediator) if the answer is negative or arrives too late. Mediation costs you nothing, suspends nothing, and produces a reasoned opinion that later carries weight. In parallel, you may report the facts to the Autorité de contrôle prudentiel et de résolution (ACPR, the banking supervisor housed within the Banque de France), which sanctions breaches of the notice and motivation duties but does not award you damages: treat it as a regulatory signal, not as your compensation claim. Where urgency demands it, the référé procedure before the president of the tribunal judiciaire (the ordinary civil court) allows you to seek restoration of the account where the closure constitutes a manifestly unlawful disturbance, a route the lower courts took in the very case that reached the Cour de cassation in 2021. Where the harm is already done, the ordinary claim is for damages before the tribunal judiciaire: reimbursement of improperly charged fees, compensation for rejected debits and their knock-on effects such as a lapsed home insurance policy, and damages for proven non-material harm. Here the courts are demanding but fair, as a Paris decision illustrates. On 30 June 2022 the Paris Court of Appeal, general roll number 19/18242 (general roll number RG 19/18242, Portalis 35L7-V-B7D-CAWZA, available through the official case-law record), confirmed the dismissal of a customer’s claim against his bank following a closure. The first judges had held, expressly under article L. 312-1-1, that even though no notice period had been specified when the agreement was denounced, a four-month period had in fact elapsed before the account was closed, and the customer proved neither any rejected credit operation, nor any refused insurance direct debit, nor that the debited charges were unwarranted. The Court of Appeal confirmed in full and ordered the customer to pay the bank 1,500 euros under article 700 of the Code of Civil Procedure. The message for British claimants is blunt: challenge the missing notice by all means, but build your file around dated proof of concrete loss, because a notice period that was respected in fact defeats the complaint, and an unproven loss defeats the damages even where the bank behaved poorly.

Conclusion

A French bank may say no to you, and it may one day end the relationship, but in neither case does it act in a legal vacuum. A refusal must be written, reasoned and certified, and it opens the one-working-day path to Banque de France designation and a full basic-services account within three working days. A closure must respect at least two months’ notice, fit within the six statutory cases for basic-service accounts, and be motivated and notified to the Banque de France. Anti-money-laundering duties explain many British files being questioned since Brexit, and they genuinely limit what the bank may do, but they do not excuse an unmotivated closure or a missing notice. Keep every letter, redirect your debits early, climb the mediation ladder in writing, and measure any court claim against dated proof of real loss. Handled that way, the account that seemed lost at the counter usually turns out to be recoverable in law.

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

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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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