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BANKING

The key thing to know about opening a joint bank account in France

Opening a bank account in France is an important bureaucratic step when moving here, but before making any decisions you should weigh the pros and cons to the two different types of joint accounts available.

The key thing to know about opening a joint bank account in France
A man removes his bank card from an ATM in France in 2014. (Photo by JEAN-SEBASTIEN EVRARD / AFP)

If you are looking to open a joint bank account with a significant other, friend or anyone else, then you should be aware that there are two types of joint accounts in France with very different rules.

The main difference is related to whether or not account-holders need permission from others to spend or receive money, and whether the account will be frozen by the bank following the death of one of the account holders.

READ MORE: Everything you need to know about setting up a bank account in France

Here is an overview of the two types of joint/shared accounts;

Joint account – Compte bancaire joint

The first is the standard compte bancaire joint. This is most commonly held by romantic partners or spouses.

Account holders are called cotitulaires, and all cotitulaires have full authority to carry out any and all transactions, from withdrawals to deposits.

As a result, if one person overdraws the account or there is a payment incident, then the bank can get in contact with either of the parties, even the person that was not individually responsible for the problem.

If necessary, it is possible (with everyone’s approval) to transform a compte bancaire joint into a compte bancaire indivis (below).

This type of joint account can be held by several people – it is not limited to just two cotitulaires.

You can open a current account (compte courant), certain types of savings accounts and high-interest, restricted access savings accounts, as well as securities accounts. 

That being said, there are several regulated savings accounts, such as the Livret A and the housing savings account (compte épargne logement) that are only available for individual account-holders. 

READ MORE: EXPLAINED: The best money saving options for foreigners in France

What about death?

When this account is opened, the account-holders will sign an agreement about what should happen following an untimely death. Generally, this type of account will not be blocked after a holder’s death, unless one of the heirs of the deceased objects. 

As such, the account would continue being accessible to the surviving holders and if it is only one surviving holder, then it would become their individual account (as long as there is authorisation from the heirs of the deceased).

The share of the account belonging to the deceased will be determined when the account is settled via a notary. If there is a negative balance, then the bank may request that the surviving account holder pay for any related fees.

READ MORE: How to register a death and arrange a funeral in France

Shared account – Compte bancaire indivis

The second is called a compte bancaire indivis or a compte en indivision. You might also see it referred to as a ‘compte commun’.

This is another type of shared account, and it can be held by several people at once. The main difference is that all account-holders must approve all transactions.

There are fewer types of bank accounts that can be held under this status. You may open a current account, or a securities account (for depositing shares and bonds). However, you cannot open a savings account with a compte bancaire indivis.

What about death?

If one of the account holders dies, then as soon as the bank is informed, they will automatically block the account – therefore if you’re using this type of account as a personal account, it’s highly advisable to have a second account that you can use in the event of the death of your fellow account holder.

It will no longer record any deposits or allow any withdrawals. The balance (whether it is positive or negative) will be settled once the entire estate of the deceased person is handled.

The standard requirement is for the bank to be informed within a maximum of seven days following the death, either directly or by registered mail.

Interest may continue to accrue, but the gist is that the account will be dealt with during the settling of the estate. 

There are a few common situations where you might choose to open this type of joint account, namely following an inheritance awarded to several people or during the settlement of an estate while all heirs own the deceased person’s property.

You might also open this type of account when a property is purchased amongst friends.

Similarities between the accounts

Both accounts come with their own IBAN number, and neither require that the account-holders be married or in a civil partnership – they can be held by anyone, from family members and friends to spouses.

That being said, both will request a common address for mail related to the account.

Account-holders can be of different nationalities, but they will need some proof of address in France, as well as ID to open the account.

In both cases all account-holders must sign off on the closing of the account. Divorce or separation does not lead to the automatic closure of the account, and a specific request must be made to the bank.

For Americans, there can still be challenges with opening a joint accounts with a French partner or friend(s), due to IRS rules.

READ MORE: What are the biggest challenges for Americans in France?

American legislation known as the Foreign Account Tax Compliance Act, or FATCA for short, obliges foreign banks to report back to the US tax office on any assets held in these accounts by US taxpayers.

This can make French banks less willing to work with Americans, and it can also make it harder to open a joint or shared account.

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LIVING IN FRANCE

Explained: What is the law in France on prostitution

As the European court of human rights upholds France's laws on prostitution, here's a look at what the law says on the buying and selling of sex.

Explained: What is the law in France on prostitution

On Thursday the European Court of Human Rights ruled in favour of a French law from 2016 that radically overhauled the country’s laws on prostitution.

So what is the position now in the country that became famous for its legalised brothels, immortalised in the works of painters including Toulouse-Lautrec, Ingrès and Manet? 

History

It was Napoleon who laid out France’s long-standing legal code on lawful but regulated prostitution which saw state-sanctioned brothels known as maisons de tolérance or maisons close opening up in French towns and cities.

The legal position in France remained for a long time that prostitution was legal – albeit under tightly controlled conditions; registered brothels which were ‘discreet’ in appearance, prostitutes who were also registered and subject to regular medical inspections.

However in the period after World War II a series of laws were passed that first outlawed brothels and then criminalised behaviour including soliciting for sex, pimping and sex tourism.

The 2016 law

In 2016 a radical shakeup of the law was proposed, aimed at shifting the balance of power in favour of the people (mostly women) who sell sex.

It first repealed some older laws including the ‘Sarkozy law’ introduced in 2003 that made it a criminal offence to “be present wearing revealing clothing at a location known to be used for prostitution”.

But the main thrust of the law was to make it illegal to buy sex – but not illegal to sell sex, or to solicit it.

The idea was to remove the fear of criminalisation for people selling sex and therefore remove some of the barriers to people seeking help – for example to report a crime. The bill also came with a package of measures designed to help people working as prostitutes to leave the profession, if they want to, and enable them to leave exploitative or dangerous situations. 

It also included measures to give residency cards to the estimated 30,000 foreign people working as prostitutes in France – it is estimated that around 80 percent of sex workers in France are foreigners, the majority from eastern Europe or Africa.

Has it worked?

The intention was undoubtedly good, but many argue it has not worked – including the group of 20 sex workers who took France to the European Court of Human Rights over the law.

They say that criminalising customers means that sex workers are forced to work in more isolated and therefore dangerous places and that the drop in custom means that sex workers are being forced to accept customers that they might in the past have turned away.

The continuing ban on brothels means that sex workers must work alone, which raises their level of risk.

The main French prostitutes union Strass says: “It’s been a catastrophic law for our security and our health.”

However, the European judges rules that there is no evidence that the law itself was making sex work unsafe.

Judges said they were “fully aware of the undeniable difficulties and risks to which prostituted people are exposed while exercising their activity”, including their health and safety.

But they added that these were “already present and observed before the adoption of the law” in 2016, being attributed at the time to the since-repealed law against soliciting.

“There is no consensus on the question of whether the negative effects described by the claimants are directly caused by the… criminalisation of buying sexual acts, or their sale, or are inherent or intrinsic to the phenomenon of prostitution… or a whole array of social and behavioural factors,” the judges said.

So what exactly does the law say now?

Buying sex is illegal, punishable by a fine of up to €1,500, rising to €3,750 for repeat offenders. This applies whatever the situation – street prostitution, in a brothel or massage parlour or via an online transaction. 

Clubs including fetish clubs and swingers clubs are legal.

How strictly this law is enforced varies widely according to both place and time.

Selling sex is legal, as is soliciting for sex, however owning or operating a brothel is illegal. It is illegal to live off the earnings of a prostitute or to help or pressure someone to prostitute themselves.

Prostitutes are required to pay tax on their earnings and make an annual tax declaration in the same way as all other self-employed workers in France.

Prostitutes have a union and during the Covid pandemic qualified for furlough payments when they could not work.

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