Procedures Guide

The Procedures guide allows entrepreneurs and decision-makers to have a reliable, precise and up to date overview of legal procedures and measures concerning commercial formalities to be undertaken. It is broken down into 6 sections in which you can find information and documentation required for formalities with Registry Offices at the Commercial Courts.

Application for authorisation to remove blocked funds from a bank account

The provisions below are only for limited liability companies

Upon formation, the funds which represent the cash contribution to share capital are placed with the depository. The depository may be a credit institution: a bank, a Carpa account, La Caisse des Depots et Consignations or a notary. The funds deposited are placed with the depositary in an account opened in the name of the company under formation, and blocked until the company's registration date in the Trade and companies Register.

During a capital increase by shares issued in cash, the funds are also blocked in an account until the implementation of the transaction.

The withdrawal of the funds occurs upon presentation of a certificate from the registry office certifying respectively the company's registration or the achievement of the capital increase transaction.

However:

- if the plan to incorporate a company is abandoned (1st case),

- or if the capital increase by issuing shares in cash is not carried out (2nd case),

the capital providers may submit a request to the presiding judge of the commercial court for authorisation to withdraw the blocked funds from the bank.

1st case: non-incorporation of the company

When the limited liability company is not incorporated within six months from the first deposit of funds in the bank, or if the company is not registered in the Trade and Companies Register within the same time limit, the capital providers may individually request the presiding judge of the commercial court for permission to withdraw the amount of their contributions.

A new deposit of funds must be carried out if the capital providers decide later to incorporate the company.

Deadlines

This request can only be presented upon expiration of the six-month time period.

Texts: Articles L. 223-8 of the Commercial Code.

How to file an application?

The application must be filed or sent to the registry office of the commercial court in two original copies, dated and signed by the capital provider(s).

To support your application, it is necessary to enclose in support of the application the following information:

  • an original certificate from the bank, containing the information pertaining to the legal form, the corporate name and the company's registered office, as well as the date of the deposit of the funds, the names of the subscribers and the amount of their respective contributions;
  • a copy of the draft of the articles of association;
  • the certificate of non-registration (this document is issued by the registry office).

Download an application template

2nd case: non-completion of the capital increase

When the capital increase is not carried out within six months from the date of deposit of the funds in the bank, the capital providers may individually, or by an agent representing them collectively, ask the presiding judge of the commercial court, for permission to withdraw the blocked funds from the bank.

Deadlines

This request can only be presented upon expiration of the six-month time period.

Texts: Articles L. 223-32 of the Commercial Code.

How to file an application?

The application must be filed or sent to the registry office of the commercial court in two original copies, dated and signed by the capital provider(s). To support your application, it is necessary to enclose in support of the application the following information:

  • an original certificate from the bank, containing the information pertaining to the corporate name and the company's registered office, the date of the deposit of the funds, as well as the names of the subscribers and the amount of their respective contributions;
  • the copy of the minutes of general meeting having decided the capital increase as well as that of the decision having noted the non-realization of the increase;
  • An extract from the Trade and Companies Register (Kbis) of less than three months Download an application template

Prices

The rates presented below do not include postage fees; cheques should be made payable to the order of the relevant GREFFE DU TRIBUNAL DE COMMERCE, and enclosed with the application.

Orders on application (other than interim and payment proceedings)

Price, all taxes included

Order on application (with 1 notif. to the complaint)

€14.04

Notice, communication or additional notification of the ordinance

€4.68

Order on application with filing by annex in the Trade and Companies Register (RCS) (without notification)

€37.10

Filing of additional legal instruments by annex in the Trade and Companies Register (RCS)

€24.62

Order of the assigned judge - RCS Litigation (notif. (R. 123-140 of the Commercial Code) Registered letter (acknowledgement requested) + simple letter)

€28.08

 

Download

Type Title Document name Download
Document template Unblocking the funds: non-incorporation of the company Télécharger
Document template Unblocking the funds: non-realisation of the capital increase Télécharger