Company not formed after all: how do you get the deposited capital back?
Updated 24 October 2026 · By Dragos-Razvan Toma
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)
- Légifrance: Commercial Code, art. L225-11 (withdrawal of funds, SAS/SASU through art. L227-1)
- Service-public (FR): share capital deposit
Related
French company formation: capital deposit and bankingHow the share capital deposit works for a French SAS or SARL, how much to pay in, and when funds are released.Starting a company in France: process, costs and documents (2026)Form a French SASU, SAS, EURL or SARL: 7 steps, statutory costs from €201.96 incl. VAT in 2026, documents and timing.
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