A family SCI needs to finance roofing work, but the bank loan is slow to be released. The manager advances the funds from his personal account. This advance, recorded in accounting, constitutes a current account of a partner. The mechanism seems simple, but the access conditions, remuneration, and risks of requalification deserve attention.
Current account of a partner and hybrid financing: an underutilized lever
The current account of a partner is often seen as a simple cash flow backup. In practice, it plays a much more structuring role when combined with other sources of financing.
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Advances in current accounts are treated as quasi-equity. For a banker reviewing a loan application, a current account of a partner blocked for two years enhances the apparent financial solidity of the company. It is this quasi-equity that triggers the banking leverage effect.
Since 2025, several public aid schemes (regional grants, honor loans, refundable advances from BPI) require a minimum level of equity or quasi-equity to process a file. A blocked current account of a partner allows reaching this threshold without increasing the share capital, thus avoiding dilution of shares among partners. This is an option that many TPE leaders overlook when setting up their financing plan.
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To fully understand the requirements before getting started, it is useful to know precisely who can open a current account of a partner according to the legal form of the company.
Who can fund a current account of a partner according to the type of company
Not everyone can lend money to a company. Banking monopoly limits this possibility to individuals with a legal connection to the business. The rules vary depending on whether one is in an LLC, SAS, or SCI.
LLC and joint-stock companies
In an LLC or joint-stock company (SAS, SA), two categories of people can fund a current account:
- Partners holding at least 5% of the share capital, provided that the funds are not blocked for less than two years
- Company executives (manager, director, member of the management board or supervisory board), even if they hold no shares
A minority partner who owns less than 5% of the capital cannot therefore make an advance in a current account, unless they also hold a management position.
SCI and civil companies
In an SCI, the rules are more flexible. Any partner can fund a current account, without a minimum holding requirement. This is what makes this mechanism very common in family SCIs, where urgent work is financed by one or two partners before redistribution.
Opinions vary on this point, but some accountants recommend formalizing these advances through an agreement even in SCIs, to avoid any disputes during a succession or tax audit.
Current account agreement: what practice requires
No law requires the drafting of a current account agreement for partners. In theory, a simple transfer is sufficient. In practice, the absence of a written agreement exposes one to three concrete problems.
The first: in the event of a conflict between partners, proving the repayment conditions (deadline, notice, priority) becomes very complicated without a signed document. The second: the tax administration can requalify an undocumented advance as a hidden benefit, even if recent case law from the Council of State tends to exclude this requalification when the presumption of repayability is established.
The third problem concerns remuneration. If the partner receives interest without an agreement, the rate applied and its tax deductibility for the company become questionable.
A solid agreement specifies at a minimum:
- The initial amount of the advance and the terms of future funding
- The interest rate applied (capped by the maximum deductible tax rate, set at 4.31% in the first quarter of 2026)
- The repayment conditions: upon first request, with notice, or after a defined blocking period
- Any subordination clauses if a bank loan requires it
Deductible interest rate and taxation of the current account in 2026
The remuneration of the current account of a partner is not mandatory. When it exists, it takes the form of interest paid by the company to the lending partner.
The maximum tax-deductible rate for the company follows a ceiling revised each quarter. This ceiling has decreased from 4.55% in the fourth quarter of 2025 to 4.31% in the first quarter of 2026. Interest paid beyond this rate remains owed to the partner, but the excess portion is not deductible from the company’s taxable income.
For individual partners, the interest received is subject to a flat tax rate of 30% (income tax and social contributions). The option for the progressive scale remains possible if it is more favorable.
URSSAF controls on current accounts in SCIs
A recent point of vigilance concerns SCIs subject to corporate tax. URSSAF controls have tightened on significant current accounts that are immobilized for long periods. The risk: a requalification of the advance as a capital contribution, which disrupts the asset balance and can lead to a tax adjustment.
To limit this risk, it is important to demonstrate that the current account remains repayable (regular movements, documented partial repayments, agreement providing for a repayment schedule).
The current account of a partner remains a quick and flexible financing tool, provided it is properly formalized and the tax thresholds are monitored each quarter. When combined with a hybrid financing plan mixing public aid and bank debt, it transforms a simple cash advance into a true lever for financial structuring.