{"id":2132733,"date":"2026-09-27T14:54:04","date_gmt":"2026-09-27T12:54:04","guid":{"rendered":"https:\/\/kohenavocats.fr\/2026\/09\/27\/foreign-company-france-shareholder-loan-current-account-refund-blocked-abroad\/"},"modified":"2026-09-27T14:54:04","modified_gmt":"2026-09-27T12:54:04","slug":"foreign-company-france-shareholder-loan-current-account-refund-blocked-abroad","status":"publish","type":"post","link":"https:\/\/kohenavocats.fr\/en\/2026\/09\/27\/foreign-company-france-shareholder-loan-current-account-refund-blocked-abroad\/","title":{"rendered":"You Lent Money to Your French Company and Live Abroad: Getting Your Shareholder Loan Back When Repayment Is Blocked"},"content":{"rendered":"

You wired 40,000 euros from London, New York or Dubai to keep your French company alive. Your accountant booked it as an apport en compte courant d’associ\u00e9<\/em> \u2014 a shareholder current account advance, the everyday tool French founders use to fund a cash gap without a capital increase. Months later you ask for your money back and the answer is no. The manager says the bank blocked it. The co-shareholder says the company cannot pay. You live 3,000 kilometres away and wonder whether French law lets a company keep your loan indefinitely.<\/p>\n

The short answer is reassuring: under French law your advance is a loan, and a loan is repayable. The Paris Court of Appeal restates the principle in plain terms: “Il est de principe que la qualification de pr\u00eat autorise l’associ\u00e9 ayant consenti une avance en compte-courant \u00e0 d\u00e9cider librement du moment o\u00f9 il entend en r\u00e9clamer le remboursement.” In other words, you choose when to claim repayment (Paris Court of Appeal, 15 May 2025, RG 24\/05837<\/a>). But three obstacles can lawfully delay or defeat your claim: a lock-up agreement you signed, a pledge of your account balance to the bank, or a company that is genuinely unable to pay. This guide explains how to tell the three situations apart, how to force repayment from abroad without boarding a plane, and which mistakes turn a legitimate refund into a lawsuit against you. It is written for foreign shareholders of French SAS<\/em> (soci\u00e9t\u00e9 par actions simplifi\u00e9e, the flexible joint-stock company most foreigners choose) and SARL<\/em> (soci\u00e9t\u00e9 \u00e0 responsabilit\u00e9 limit\u00e9e, the limited liability company with heavier statutory rules).<\/p>\n

I. Can You Demand Repayment of Your Shareholder Current Account at Any Time From Abroad?<\/h2>\n

A. Your Shareholder Loan Is Repayable on Demand Unless a Lock-Up Was Validly Agreed<\/h3>\n

French law treats your payment into the company as a pr\u00eat de consommation<\/em>, a loan for consumption. Article 1892 of the Civil Code<\/a> defines it as “un contrat par lequel l’une des parties livre \u00e0 l’autre une certaine quantit\u00e9 de choses qui se consomment par l’usage, \u00e0 la charge par cette derni\u00e8re de lui en rendre autant de m\u00eame esp\u00e8ce et qualit\u00e9” \u2014 one party delivers fungible things, including money, and the other must return as much of the same kind and quality. Money is the classic fungible thing. Your bank transfer therefore created a creditor-debtor relationship between you and the company, separate from your shares. Even if you later sell your shares or lose your shareholder status, the loan survives: you remain a creditor of the company for the balance shown on your current account.<\/p>\n

The repayment rule follows from the loan analysis. Article 1902 of the Civil Code<\/a> provides that “L’emprunteur est tenu de rendre les choses pr\u00eat\u00e9es, en m\u00eame quantit\u00e9 et qualit\u00e9, et au terme convenu” \u2014 the borrower must return what was lent, in the same quantity and quality, at the agreed term. Where, as is common with shareholder advances, no term was agreed and no lock-up was signed, the debt is repayable on demand. Article 1342 of the Civil Code<\/a> adds that “Le paiement est l’ex\u00e9cution volontaire de la prestation due. Il doit \u00eatre fait sit\u00f4t que la dette devient exigible” \u2014 payment must be made as soon as the debt is due. A simple written demand for repayment makes the balance due, and the company must pay without waiting for the next shareholders’ meeting, the next financial year or the sale of the business.<\/p>\n

French courts apply this analysis every week. The official service-public.fr guide on shareholder current accounts<\/a> confirms that the associate may in principle claim repayment at any time and may even waive that right expressly. Before suing, download your proof pack from abroad: the shareholder loan agreement (convention d’avance en compte courant<\/em>) if one was signed, the bank transfer slips, the general ledger account 455 showing your name and the credit balance, the last approved annual accounts, and every email refusing repayment. Ask your French accountant for a dated statement of the account balance. These five documents decide most cases before they start.<\/p>\n

The only routine exception is a lock-up you validly accepted. The Paris Court of Appeal, 15 May 2025, RG 24\/05837<\/a> held that “Par la convention de blocage, d\u00e8s lors qu’elle est valide et clairement exprim\u00e9e les fonds, sont stabilis\u00e9s dans la soci\u00e9t\u00e9 pour une dur\u00e9e d\u00e9termin\u00e9e.” A blocking agreement, where valid and clearly worded, locks the funds in the company for a fixed period. Banks routinely demand such lock-ups when they lend to a small SAS or SARL: each shareholder locks 20,000 to 50,000 euros for the duration of the bank loan, often four to seven years, to reassure the lender. The lock-up may sit in the articles of association, in a separate loan agreement, or in a side letter signed with the bank. If the wording is clear and you signed it, the lock-up binds you \u2014 and, as the same Paris decision holds, it keeps binding you even after you lose your shareholder status, where the commitment was given individually to the bank. The court found it “indiff\u00e9rent que M. [O] ait perdu sa qualit\u00e9 d’associ\u00e9”, immaterial that the claimant had lost his shareholder status, because each associate had personally promised the bank a four-year lock-up running to 28 February 2026, confirmed by the bank’s email of 22 March 2024 stating that all current accounts “devaient rester bloqu\u00e9s jusqu’au 28 f\u00e9vrier 2026”. A vague promise, an unsigned draft or a blank form changes nothing: the Paris court rejected the argument that a single field left blank defeated the commitment, holding that the claimant had not proved the undertaking invalid or unclearly expressed. Read the exact document before concluding you are blocked. Many foreign founders discover that the alleged lock-up was never signed, never notified to the company, or limited to one named bank loan that has since been repaid.<\/p>\n

Practical check from abroad: ask the company by registered email for a copy of the signed lock-up with its date and duration, plus the bank’s written confirmation that the lock-up is still in force. Set a ten-day deadline. Silence or a blurry unsigned scan usually means there is no enforceable lock-up, and your demand for repayment stands. If a signed lock-up exists, diarise its expiry date \u2014 interest often keeps running in the meantime \u2014 and read section II below for what to do while you wait.<\/p>\n

B. The Three Refusals Companies Hide Behind: Blocked Account, Bank Pledge, or Empty Cash Box<\/h3>\n

When a French company refuses to repay a foreign shareholder, the refusal almost always wears one of three masks. Each has a different legal value, and confusing them costs money.<\/p>\n

First mask: “your account is blocked”. A genuine blocking agreement (convention de blocage<\/em>) is enforceable only if it is in writing, signed, and precise about amount and duration. The service-public.fr guide states that blocking a shareholder current account means the associate agrees not to claim repayment for a defined period, and the company may then lawfully refuse an early demand. Check three points: who signed, for how long, and in exchange for what. A clause buried in the articles of association (statuts<\/em>) binds every shareholder, including a newcomer who bought shares later, because the articles are filed with the greffe<\/em> \u2014 the registry office of the commercial court \u2014 and published. A side agreement binds only its signatories. A board resolution or an oral promise by the manager never blocks your account. And a lock-up signed to obtain one specific bank loan normally ends when that loan ends: if the company refinanced elsewhere in 2024, a 2022 lock-up tied to the old loan may already have lapsed. Ask for the loan contract number cited in the lock-up and compare the dates.<\/p>\n

Second mask: “the bank holds your account as security”. French companies often pledge shareholder current accounts to their lender through a nantissement de compte courant<\/em>, a pledge of the account balance. The mechanism is strictly formal. Article 2356 of the Civil Code<\/a> requires that “A peine de nullit\u00e9, le nantissement de cr\u00e9ance doit \u00eatre conclu par \u00e9crit” \u2014 the pledge is void unless put in writing, with the secured and pledged claims identified in the deed. Article 2362 of the Civil Code<\/a> adds that “Pour \u00eatre opposable au d\u00e9biteur de la cr\u00e9ance nantie, le nantissement de cr\u00e9ance doit lui \u00eatre notifi\u00e9 ou ce dernier doit intervenir \u00e0 l’acte. A d\u00e9faut, seul le constituant re\u00e7oit valablement paiement de la cr\u00e9ance” \u2014 to bind the debtor company, the pledge must be notified to it or the company must be party to the deed; otherwise payment to the shareholder remains valid. In the Paris case of 15 May 2025 the shareholders had signed three matching documents \u2014 the bank lock-up undertaking, an amendment to the loan agreement and a personal letter \u2014 and the bank confirmed in writing that every account stayed locked until 28 February 2026. That triple lock defeated the repayment claim. By contrast, a pledge the company never received, a promise of a future pledge (promesse de nantissement<\/em>) that was never completed, or a pledge securing a loan that has been fully repaid cannot be held against you. Demand the signed pledge deed, its notification receipt, and the outstanding balance of the secured loan. If the company cannot produce them within ten days, treat the pledge objection as unproven.<\/p>\n

Third mask: “there is no cash”. This is the most common and the weakest legal objection. A company in temporary difficulty still owes the debt; only a court can grant it breathing space. Article 1343-5 of the Civil Code<\/a> allows a judge, “compte tenu de la situation du d\u00e9biteur et en consid\u00e9ration des besoins du cr\u00e9ancier, reporter ou \u00e9chelonner, dans la limite de deux ann\u00e9es, le paiement des sommes dues” \u2014 to defer or spread payment for up to two years, considering both the debtor’s situation and the creditor’s needs. The company cannot grant itself that delay; it must ask the court, which may reduce the interest rate, order payments against capital first, or suspend enforcement in the meantime. If the company is in formal insolvency \u2014 sauvegarde<\/em> (safeguard), redressement judiciaire<\/a><\/em> (reorganisation) or liquidation judiciaire<\/em> (winding up) \u2014 individual repayment claims are locked by operation of law and you must declare your loan balance to the mandataire judiciaire<\/em> (court-appointed receiver) within the published deadline. Miss that deadline and the claim is extinguished. Check the BODACC<\/em> (Bulletin officiel des annonces civiles et commerciales, the official gazette of insolvency and company events) online before suing: a two-minute search tells you whether the company is solvent, under protection, or already in liquidation. Where the Kbis<\/em> \u2014 the official company identity extract issued by the greffe \u2014 shows an ongoing collective proceeding, do not send a standard demand; file a proof of claim instead.<\/p>\n

One warning runs across all three masks. French company law forbids the reverse flow: managers and individual shareholders of a SARL or a public limited company may not borrow from the company or have it guarantee their personal debts. Article L. 223-21 of the Commercial Code<\/a> and Article L. 225-43 of the Commercial Code<\/a> void such loans “A peine de nullit\u00e9 du contrat” \u2014 on pain of nullity \u2014 for SARL managers and non-corporate directors respectively. Your claim runs the other way, from you to the company, so these prohibitions do not cancel your loan. But they explain why courts examine shareholder accounts closely: money moving between a company and its managers in either direction attracts suspicion, and sloppy paperwork invites reclassification as salary, dividend or even misuse of corporate assets.<\/p>\n

II. How Do You Force Repayment Without Flying to Paris and Protect Yourself?<\/h2>\n

A. The Formal Demand, the Court Claim, and the Payment Schedule the Judge Can Impose<\/h3>\n

You can run the entire recovery from abroad. French procedure does not require a creditor living overseas to appear in person; your lawyer acts under a signed mandate, filings go through the court’s electronic system, and most shareholder-account cases are decided on documents without a dramatic hearing. The Paris and \u00cele-de-France angle matters here: if your company’s registered office (si\u00e8ge social<\/em>) is in Paris or the surrounding departments, the competent court is the Tribunal des activit\u00e9s \u00e9conomiques de Paris (the Paris business court, successor to the Tribunal de commerce<\/a> de Paris), which handles shareholder loan disputes for companies registered with the Paris RCS<\/em> (Registre du commerce et des soci\u00e9t\u00e9s, the trade and companies register kept by the greffe). Proceedings are in French, limitation and enforcement follow French rules wherever you live, and any judgment is enforceable against the company’s French bank accounts through a huissier<\/em> \u2014 now titled commissaire de justice<\/em>, the enforcement officer who serves orders and seizes funds.<\/p>\n

Step one is the formal demand (mise en demeure<\/em>). Send it by registered letter with acknowledgment of receipt, or by the electronic equivalent, to the company’s si\u00e8ge social as shown on its Kbis. State your full name, the account number, the exact balance claimed with interest, the bank details for payment, and a deadline of fifteen days. Attach the account statement. Keep the receipt: interest for late payment and the starting point of the five-year limitation period often run from this letter. Article 2224 of the Civil Code<\/a> provides that “Les actions personnelles ou mobili\u00e8res se prescrivent par cinq ans \u00e0 compter du jour o\u00f9 le titulaire d’un droit a connu ou aurait d\u00fb conna\u00eetre les faits lui permettant de l’exercer” \u2014 personal claims expire five years after the holder knew or should have known the facts. Do not let frustration drift into year four. A demand sent by a lawyer on letterhead, citing the account balance and the absence of any signed lock-up, settles a surprising share of these files within weeks, because the manager shows it to his own counsel and learns that “no cash” is not a defence.<\/p>\n

Step two, if the deadline passes, is a claim for payment before the business court. Your writ (assignation<\/em>) asks the court to order repayment of the balance plus legal interest from the mise en demeure, with capitalisation of interest where more than a year has accrued. Expect the company to raise one of the three masks described above, and expect the judge to test each document. The Paris ruling of 15 May 2025 shows the method: the court listed the three signed undertakings, verified the bank’s confirmation email, and only then enforced the lock-up until 28 February 2026 (Paris Court of Appeal, 15 May 2025, RG 24\/05837<\/a>), reversing the first-instance judgment that had ordered immediate repayment of 30,000 euros. The lesson cuts both ways. A company that produces a complete signed file wins the delay; a company that waves an unsigned draft, an expired lock-up or an un-notified pledge loses and pays. Your lawyer should file a reply forcing the company to produce, within a court-ordered deadline, the signed lock-up, the pledge deed with proof of notification, and the bank’s current confirmation. Incomplete production usually ends the debate.<\/p>\n

Step three is managing the grace period. Even where your claim is admitted, the company may ask the judge for up to two years to pay under article 1343-5. The judge weighs your need \u2014 a foreign individual who funded the company from personal savings \u2014 against the company’s cash position proved by recent bank statements, not by speeches. Prepare for this hearing: bring evidence of your own need (the transfer debited from personal funds, your tax residence abroad, any hardship), and challenge the company’s figures (unexplained manager withdrawals, dividends paid while your loan sat unpaid, new loans taken while pleading poverty). The judge may spread payment quarterly, cut the interest rate to the legal rate, or suspend seizures in the meantime \u2014 “Les majorations d’int\u00e9r\u00eats ou les p\u00e9nalit\u00e9s pr\u00e9vues en cas de retard ne sont pas encourues pendant le d\u00e9lai fix\u00e9 par le juge” (Article 1343-5 of the Civil Code<\/a>), increased interest and late penalties do not accrue during the court-ordered period. A scheduled payment backed by a judgment beats a vague promise every time, and it carries enforcement: if an instalment is missed, the commissaire de justice seizes the company’s accounts.<\/p>\n

Costs and timing stay proportionate. A documented shareholder-account claim typically runs six to twelve months at first instance in Paris, longer if an expert valuation is ordered \u2014 rare in pure repayment cases. Court fees are modest; the main cost is legal representation, and the losing party is routinely ordered to pay a contribution to your fees plus the enforcement costs. Ask your lawyer at the outset for a written fee agreement with capped stages, and for the 80 EUR TTC first telephone consultation to map the documents before any writ is issued. If the company pays after the mise en demeure, you owe nothing further.<\/p>\n

B. The Three Traps That Turn a Refund Into Personal Liability or a Tax Bill<\/h3>\n

Winning repayment is only half the matter. Three traps catch foreign shareholders who move too fast, and each is documented in recent French case law.<\/p>\n

Trap one is emptying a struggling company. If the company is close to insolvency and you use your influence \u2014 as manager, president or de facto decision-maker \u2014 to repay your own current account ahead of suppliers, wages and tax, the refund can come back to haunt you as a management fault. Article L. 651-2 of the Commercial Code<\/a> lets the court charge all or part of the shortfall in a liquidation (insuffisance d’actif<\/em>) to any de jure or de facto manager whose management fault contributed to it. On 9 September 2026 the Commercial Chamber of the Court of Cassation (appeal 24-22.135, decision available at courdecassation.fr<\/a>) approved a finding that “la pr\u00e9cipitation dans le remboursement d’un pr\u00eat non \u00e9chu de m\u00eame que la souscription d’un nouveau pr\u00eat pour rembourser les comptes courants d’associ\u00e9s du dirigeant et de son \u00e9pouse, au lieu d’abonder la tr\u00e9sorerie, d\u00e9montrent un usage des biens de la soci\u00e9t\u00e9 contraire \u00e0 l’int\u00e9r\u00eat de la soci\u00e9t\u00e9 dont l’exploitation \u00e9tait d\u00e9j\u00e0 d\u00e9ficitaire” \u2014 rushing to repay an unmatured loan and borrowing afresh to refund the manager’s and his spouse’s current accounts instead of feeding working capital showed a use of company assets contrary to the company’s interest while trading was already loss-making. The court added that abusively continuing a loss-making business after stripping all cash helps constitute the liability. The message for a foreign shareholder who also directs the French company is blunt: never repay yourself on the eve of a filing, never borrow to refund your own account while suppliers go unpaid, and never drain the account that pays the next month’s wages and URSSAF<\/em> (the social-security collection agency) contributions. If the company cannot pay everyone, call counsel before moving a euro. A court-ordered schedule under article 1343-5 protects you; a midnight transfer does the opposite.<\/p>\n

Trap two is ignoring the regulated-agreements procedure. In a SAS, Article L. 227-10 of the Commercial Code<\/a> requires the statutory auditor \u2014 or the president where no auditor was appointed \u2014 to report to the shareholders on agreements between the company and its president, a manager, or any shareholder holding more than 10% of voting rights, and the shareholders vote on that report. Shareholder loan agreements, interest terms and large repayments fall squarely in. Unapproved agreements still take effect, but the interested person \u2014 and possibly the president and managers \u2014 bear any harmful consequences for the company. In a SARL the twin rule sits in articles L. 223-19 and following, with prior approval of the meeting. Foreign founders often skip this step because the company is small, the loan felt informal, or everyone agreed over dinner. Then a dispute erupts \u2014 a co-shareholder challenges the interest rate, a new investor questions the balance, a liquidator hunts for preferences \u2014 and the missing report becomes Exhibit One. The fix costs little: have the loan agreement acknowledged in the next shareholders’ meeting, file the minutes, and keep the auditor’s report where an auditor exists. For single-shareholder companies (SASU<\/em>, EURL<\/em>), simply record the agreement in the decision register. Do it now, before the relationship sours.<\/p>\n

Trap three is tax. Interest you receive on your current account is taxable income in France for French residents and, depending on the applicable tax treaty, potentially subject to French withholding for non-residents \u2014 check the treaty between France and your country of residence before assuming the gross amount is yours. The company may deduct interest only within limits: the rate must not exceed the average rate published quarterly by the tax administration for shareholder loans, the capital must be fully paid up, and the DGFIP<\/em> (Direction g\u00e9n\u00e9rale des finances publiques, the French tax authority) disallows excess as a matter of routine. A zero-interest advance from a foreign parent can also attract transfer-pricing questions where the amounts are large. Keep the interest clause in writing, apply the published rate for the relevant quarter, and declare the income where you are taxable. And never forgive the balance informally: a waiver (abandon de compte courant<\/em>) without a written commercial justification can be reclassified as a gift with registration duties, or as an abnormal management act at company level. If a partial waiver genuinely saves the company \u2014 for example to restore equity ahead of a bank refinancing \u2014 document the business reason, have the meeting approve it, and take advice on the tax clauses, including any return-to-better-fortune provision (clause de retour \u00e0 meilleure fortune<\/em>).<\/p>\n

One final cross-border point. enforcing a French judgment where you live, or a foreign judgment in France, runs through standard European and international instruments \u2014 the Brussels I bis Regulation inside the EU, bilateral conventions and exequatur elsewhere. In practice most shareholder-loan disputes never reach that stage, because the debtor company’s assets \u2014 bank balances, receivables, stock \u2014 sit in France and a French judgment seizes them directly. Choose counsel admitted in France, fund the file with your proof pack, and let the company’s French accounts carry the enforcement.<\/p>\n

Conclusion<\/h2>\n

Your shareholder current account is a loan, and French law starts from your side: you decide when to claim it back. A valid signed lock-up or a properly notified pledge can lawfully postpone repayment until the agreed date \u2014 the Paris courts enforce such lock-ups to the letter, even against former shareholders. An unsigned draft, an expired lock-up or a simple lack of cash cannot. The winning method from abroad is methodical: assemble the five proofs, send a precise mise en demeure, check the BODACC for insolvency, sue on documents before the competent business court, and accept a court-ordered schedule rather than forcing a payment that later looks like a preference. Above all, keep your own hands clean: no self-repayment from a sinking company, no forgotten shareholder approvals, no informal waiver. Handled this way, the advance you once wired to save the company comes home with interest \u2014 and without creating the next lawsuit. For the full formation-to-operation picture, see our hub guide for setting up a company in France as a foreign founder: bank account, Kbis, VAT and first hire<\/a>.<\/p>\n","protected":false},"excerpt":{"rendered":"

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