# Company not formed after all: how do you get the deposited capital back?

Mis à jour : 2026-10-24 · Source : https://legalrapide.fr/en/recover-capital-company-not-formed/

Deposited capital stays blocked until the company is registered. If the company **is not registered within 6 months** of the first deposit, shareholders can get their money back, either **directly from the depositary (bank or notary) through one representative acting for all shareholders**, or through a court (Commercial Code art. L223-8 for SARL/EURL, art. L225-11 applied to SAS/SASU).

## Two routes
| Route | Who asks | When |
|---|---|---|
| Direct withdrawal from the bank or notary | One representative acting for **all** shareholders | After 6 months without registration |
| Court application | SARL/EURL: each shareholder for their own contribution. SAS/SASU: any shareholder asks for a representative to be appointed to withdraw the funds for everyone | After 6 months without registration |

Before 6 months, and until registration, nobody can withdraw the funds, not even the future director.

## Sources
- [Légifrance: Commercial Code, art. L223-8 (withdrawal of funds, SARL/EURL)](https://www.legifrance.gouv.fr/codes/article_lc/LEGIARTI000006222925)
- [Légifrance: Commercial Code, art. L225-11 (withdrawal of funds, SAS/SASU through art. L227-1)](https://www.legifrance.gouv.fr/codes/article_lc/LEGIARTI000033613893)
- [Service-public (FR): share capital deposit](https://entreprendre.service-public.gouv.fr/vosdroits/F32333)