Preauthorized Debit Form for the United States

Preauthorized Debit Form Template for United States

A Preauthorized Debit Form is a legal document used in the United States that establishes an agreement between an account holder and a payment recipient for automated recurring payments. The form, governed by the Electronic Fund Transfer Act and Regulation E, authorizes regular withdrawals from the account holder's bank account. It includes specific details about payment amounts, frequency, and account information, while ensuring compliance with federal regulations and NACHA operating rules.

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What is a Preauthorized Debit Form?

The Preauthorized Debit Form serves as a crucial tool in modern banking and payment systems within the United States. This document enables businesses and service providers to collect recurring payments efficiently while protecting both parties under federal regulations. It became increasingly important with the rise of electronic banking and is now a standard requirement for setting up automatic payments for various services, from utility bills to subscription services. The form must comply with the Electronic Fund Transfer Act, Regulation E, and NACHA operating rules, ensuring proper authorization and consumer protection. It typically includes detailed account information, payment schedules, and clear authorization language.

What sections should be included in a Preauthorized Debit Form?

1. Account Holder Information: Personal or business details of the account holder authorizing the debit, including name, address, and contact information

2. Financial Institution Information: Banking details including bank name, routing number, account number, and account type

3. Payment Details: Specific information about the authorized debits including amount, frequency, start date, and duration

4. Authorization Statement: Explicit consent language authorizing the automated debits and acknowledging understanding of terms

5. Cancellation Rights: Clear explanation of the right to cancel authorization and the required notice period

What sections are optional to include in a Preauthorized Debit Form?

1. Variable Amount Authorization: Additional terms and conditions for variable payment amounts, including maximum amount limits and notification requirements

2. Multiple Account Authorization: Terms governing the authorization of debits from multiple accounts, including priority order and allocation rules

3. International Payment Terms: Special provisions for international transfers including currency conversion and additional fees

What schedules should be included in a Preauthorized Debit Form?

1. Payment Schedule: Detailed schedule showing dates, amounts, and frequency of planned debits

2. Fee Schedule: Comprehensive list of all applicable fees and charges related to the automated debits

3. Void Check Attachment: Attachment section for void check or bank documentation to verify account information

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
Industries

Electronic Fund Transfer Act (EFTA): Federal law that regulates electronic fund transfers, sets requirements for authorization, and establishes consumer rights and financial institution responsibilities

Regulation E (12 CFR Part 1005): Implementing regulation of EFTA that specifies detailed requirements for preauthorized electronic fund transfers and details requirements for authorization and disclosure

NACHA Operating Rules: Rules set by the National Automated Clearing House Association that govern ACH transactions, set standards for electronic payments, and establish requirements for authorization forms

UCC Article 4A: Part of the Uniform Commercial Code that governs commercial fund transfers, particularly relevant for business-to-business transactions

Federal Reserve Regulation CC: Regulation that governs funds availability and is relevant for timing of debits in electronic fund transfers

State-specific Electronic Fund Transfer Laws: Individual state laws that may impose additional requirements for electronic fund transfers and specific disclosure requirements beyond federal regulations

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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