Bank accounts

Authorization of bank overdraft: the rules will change in 2026

Publié le 03 novembre 2025 - Public Service / Directorate of Legal and Administrative Information (Prime Minister)

The authorization of bank overdrafts will be further regulated from 20 November 2026. In particular, new requirements will be introduced for overdrafts of less than €200 and/or a duration of less than one month. These new provisions follow the transposition of a European directive into French law.

When you are in a situation of bank overdraft, the bank that manages your account can continue to operate it; in particular, it authorizes the payment of other transactions (a direct debit, etc.), while the provision of money is not sufficient. This is a one-time tolerance on the part of your bank. The latter can authorize an overdraft exceptionally and without prior agreement; for this, you must make the overdraft request by going to the branch or by sending an email or a letter to your bank. You can also plan with it an overdraft authorization in the agreement of your bank account.

Currently, when an overdraft request is made for an amount equal to or greater than €200 and/or for a period of more than one month, your bank is obliged to carry out a credit analysis.

A directive of 18 October 2023 from the European Parliament and the Council, transposed into French law as of 20 November 2026 via an order, extends this obligation to analysis to overdrafts of less than €200 and/or of a duration of less than one month.

The assessment of creditworthiness will be proportionate to the duration and amount of the overdraft, as is already the case for overdrafts equal to or greater than €200 and/or with a duration of more than one month. Consultation of the national index of credit repayment incidents to individuals will in particular be optional during the solvency analysis, for these overdrafts of less than €200 and/or with a duration of less than one month.

The overdraft authorizations put in place before the order comes into force (november 20, 2026) will not be affected by the new provisions.

Reminder

An overdraft authorization is not automatic, and there is no right to bank overdraft. Your bank is never obliged to accept that your account becomes a debtor.

Once overdraft is allowed, you don't need to ask for permission every time you use it. This will still be the case with the provisions coming into force on November 20, 2026.

FYI  

The bank overdraft is paid. The bank charges you a fee, called agios (the account agreement may provide for the absence of agios for occasional overdrafts of a limited amount). Exceeding the authorized overdraft entails additional costs.

What are the elements analyzed in the context of the solvency assessment?

The Ordinance transposing the Directive of the European Parliament and of the Council specifies the elements that can be analyzed in the context of the assessment of your solvency. Among these elements:

  • your income orother types of resources ;
  • your financial assets and liabilities ;
  • your loads.

The ordinance transposing the European directive also specifies that pre-contractual information issued by banks to their clients requesting an overdraft must be “clear and understandable”. This includes information on the total cost of the charges and the annual percentage rate of charge (APR).

Please note

The Ministry of the Economy indicates, in its presentation of the Ordinance transposing the European Directive, which the purpose of the latter is to ensure:

  • better protection for borrowers;
  • reducing the risk of over-indebtedness;
  • greater harmonization of the standards applicable within the European consumer credit market.

Decrees and decrees have yet to be published to clarify the modalities of application the provisions of the order.

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