Direct Debit Authorisation Form for the United States

Direct Debit Authorisation Form Template for United States

A Direct Debit Authorization Form is a legal document used in the United States that establishes an agreement between an account holder and a payment originator, allowing the latter to automatically withdraw funds from the account holder's bank account for specified payments. The document must comply with federal regulations including the Electronic Fund Transfer Act (EFTA) and Regulation E, as well as NACHA operating rules. It contains essential information such as bank account details, payment terms, authorization parameters, and the rights and obligations of all parties involved in the direct debit arrangement.

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What is a Direct Debit Authorisation Form?

The Direct Debit Authorization Form is a critical document used in the United States for establishing automated payment arrangements between businesses and their customers. This form is essential when any organization needs to set up recurring payments or regular withdrawals from a customer's bank account. It must comply with federal regulations including the Electronic Fund Transfer Act (EFTA), Regulation E, and NACHA operating rules. The form typically includes the account holder's banking information, payment details (amount and frequency), authorization statements, and relevant terms and conditions. It serves as both a legal authorization and a record of the account holder's consent to the automatic withdrawal arrangement. The document is particularly important for businesses that process recurring payments, subscription services, or regular billing cycles, as it provides legal protection and ensures compliance with banking regulations.

What sections should be included in a Direct Debit Authorisation Form?

1. Account Holder Information: Essential details about the account holder including full name, address, and contact information

2. Bank Account Details: Banking information including bank name, routing number, account number, and account type

3. Payment Authorization: Clear statement authorizing the direct debit, including payment amount (fixed or variable), frequency, and start date

4. Terms and Conditions: Standard terms governing the direct debit arrangement, including processing timeframes and modification procedures

5. Cancellation Rights: Information about the right to cancel the authorization and the process for doing so

6. Authorization Statement: Formal declaration of authorization with space for signature, date, and confirmation of agreement to terms

What sections are optional to include in a Direct Debit Authorisation Form?

1. Variable Payment Details: Additional section for cases where payment amounts may vary, including maximum amount limits and notification requirements

2. Multiple Account Authorization: Section for authorizing debits from multiple accounts, used when customer wants to split payments or have backup accounts

3. International Payment Information: Additional details required for international direct debits, including SWIFT codes and international banking information

4. Business Account Details: Additional fields specific to business accounts, including business registration information and authorized signatories

What schedules should be included in a Direct Debit Authorisation Form?

1. Payment Schedule: Detailed schedule of payment dates and amounts (if fixed), or calculation method (if variable)

2. Privacy Notice: Required privacy disclosures regarding how financial information will be used and protected

3. Consumer Rights Summary: Summary of consumer rights under EFTA and relevant state laws regarding direct debits

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Publisher

Genie AI

Document Type

Authorization Form

Cost

Free to use
Relevant Industries

Banking & Financial Services

Insurance

Utilities

Telecommunications

Subscription Services

Healthcare

Education

Property Management

Professional Services

Nonprofit Organizations

Retail

Technology Services

Relevant Teams

Finance

Accounts Receivable

Legal

Compliance

Customer Service

Operations

Treasury

Revenue Operations

Collections

Payment Processing

Banking Relations

Relevant Roles

Financial Controller

Accounts Receivable Manager

Payment Operations Manager

Billing Coordinator

Treasury Manager

Compliance Officer

Legal Counsel

Customer Service Manager

Account Manager

Banking Relations Manager

Finance Director

Revenue Operations Manager

Collections Specialist

Payment Processing Specialist

Financial Operations Analyst

Industries
Electronic Fund Transfer Act (EFTA): Federal law that provides the basic framework establishing the rights, liabilities, and responsibilities of participants in electronic fund transfer (EFT) systems. It covers requirements for authorization, disclosure, and error resolution procedures.
Regulation E (12 CFR Part 1005): Implements the EFTA and specifies requirements for direct debit authorizations, including mandatory disclosures, authorization requirements, and consumer rights regarding stopping payment and error resolution.
Dodd-Frank Wall Street Reform and Consumer Protection Act: Establishes the Consumer Financial Protection Bureau (CFPB) and provides additional consumer protection requirements for financial transactions, including direct debits.
Uniform Commercial Code (UCC) Article 4A: Governs commercial fund transfers and provides rules for the rights and obligations of parties involved in fund transfers, including authorization and security procedures.
Bank Secrecy Act (BSA): Requires financial institutions to assist government agencies in detecting and preventing money laundering, including requirements for record keeping of electronic fund transfers.
NACHA Operating Rules: While not legislation, these rules govern the ACH Network and provide specific requirements for direct debit authorizations and processing through the ACH system.
State-Specific Banking Regulations: Various state laws that may impose additional requirements on direct debit arrangements and electronic fund transfers within their jurisdiction.
Teams

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