You don't have to be rich to need a bank. In fact, a bank account is imperative in any case to be able to receive social benefits, Social Security reimbursements or simply your salary. However, financial institutions can legitimately refuse you their services. This is the reason why the legislator created a right to the account.
A right for whom?
It is article L312-1 of the Monetary and Financial Code which lays down this general principle: "Has the right to open a deposit account in the credit institution of his choice, subject to being free of '' such an account in France any natural or legal person domiciled in France; any natural person legally residing in the territory of another Member State of the European Union who is not acting for professional needs, as well as any natural person of French nationality residing outside France. "
When a bank refuses to accept you as a customer, which can happen in the event of major financial difficulties, bank prohibition, registration in the file of credit incidents or even during a situation of over-indebtedness, it must inform you of the possibility of applying to the Banque de France to benefit from the account entitlement procedure. To do this, it must also provide you, free of charge and without delay, with the refusal letter that will be necessary for your procedures.
Which procedure to follow?
As specified, it is therefore the Banque de France which is competent in this matter. You can enter it directly by mail or by going to the counter of one of its branches, or ask the bank that refused your file to send it to this institution. In all cases, you must provide the refusal letter, the appropriate form requesting the right to the account as well as the usual supporting documents (identity, domicile). It will also be necessary to establish a declaration on honor attesting that you do not have any deposit account opened on a personal or professional basis.
Upon receipt of your file, the Banque de France will automatically designate a banking establishment which will be obliged to open an account for you within three working days of receipt of the documents necessary for the procedure.
What services provided?
If the legislation allows you to obtain a bank account, whatever your financial situation, it is obviously not a question of worsening the state of your finances nor of imposing you heavy management fees. This procedure gives you access to basic banking services which are regulated by law. All standard transactions are included: opening of the account, bank details, direct debit of bank transfers, monthly statement of transactions, cash transactions, cash deposits and withdrawals, payment by direct debit or cashing of checks. You are even entitled to a bank card with systematic authorization. All these services are free within the framework of the right to the account. However, you will have to do without a checkbook and overdraft authorization.
According to the annual report of the Banque de France, just over 45,000 people benefited from this procedure in 2019, a number down 6% compared to the previous year.
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Financial fragility
It is not necessary to have been rejected by several banks to benefit from financial services at low cost. In parallel with the procedure for the right to an account, the legislation requires credit institutions to market a specific offer dedicated to people in situations of financial fragility. This applies to users who have been registered for more than three months in the central file of checks of the Banque de France because of an unpaid amount or a bank card withdrawal, as well as those who benefit from an over-indebtedness procedure. The package includes again the usual operations for everyday, knowing that the cost here is set at 3 euros maximum per month. In this context, intervention commissions (4 euros per transaction and 20 euros per month) and banking incident fees (20 euros per month and 200 euros per year) are capped.
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