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Pre Authorized Payment Agreement Template for United States

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Pre Authorized Payment Agreement

"Need a Pre Authorized Payment Agreement for my property management company to set up recurring monthly rent collections starting January 2025, with variable payment amounts to account for utility charges and the ability for tenants to authorize payments online."

Document background

The Pre-Authorized Payment Agreement is essential for businesses and individuals seeking to establish recurring payment arrangements in the United States. This document ensures compliance with federal banking regulations, including the Electronic Funds Transfer Act and NACHA Operating Rules. It typically includes specific payment schedules, authorization details, cancellation rights, and error resolution procedures. The agreement is particularly valuable for recurring billing situations and helps streamline payment processes while protecting both parties' interests under U.S. banking laws.

Suggested Sections

1. Parties: Identification of the payor and payee, including full legal names and addresses

2. Background: Brief context explaining the purpose of the pre-authorized payment arrangement

3. Definitions: Key terms used throughout the agreement including 'Payment Date', 'Authorization', 'ACH', etc.

4. Authorization: Explicit authorization for automatic debits, including payment amounts and frequency

5. Payment Terms: Details of payment schedule, amounts, and processing dates

6. Cancellation Rights: Procedures and requirements for canceling the authorization

7. Error Resolution: Process for handling payment errors and disputes

Optional Sections

1. Variable Payment Provisions: Additional terms and notice requirements for agreements where payment amounts may vary

2. International Payments: Additional terms and requirements for cross-border transactions when parties are in different countries

3. Multiple Account Provisions: Terms for managing multiple payment sources or destinations when multiple accounts are involved

Suggested Schedules

1. Schedule A - Payment Schedule: Detailed breakdown of payment dates and amounts

2. Schedule B - Account Details: Banking information for both parties

3. Appendix 1 - Notice Forms: Standard forms for payment changes or cancellation

4. Appendix 2 - Compliance Notices: Required regulatory disclosures and notices

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Industries

Electronic Funds Transfer Act (EFTA): Primary federal law governing electronic fund transfers, establishing rights, liabilities, and responsibilities of participants in electronic fund transfer systems

Regulation E: Federal regulation that implements the Electronic Funds Transfer Act, providing a framework for electronic banking transactions

UCC Article 4A: Uniform Commercial Code Article governing commercial funds transfers and wholesale wire transfers between businesses

NACHA Operating Rules: Rules governing the ACH Network, including requirements for pre-authorized payments and direct deposits

Federal Reserve Operating Circular 4: Regulations governing ACH operations and establishing rules for financial institutions participating in ACH transactions

Fair Credit Billing Act: Federal law protecting consumers from unfair billing practices and establishing procedures for resolving billing errors

Fair Debt Collection Practices Act: Federal law regulating debt collection practices and protecting consumers from abusive collection practices

Gramm-Leach-Bliley Act: Federal law requiring financial institutions to explain their information-sharing practices and protect sensitive data

State Consumer Protection Laws: Various state-specific laws providing additional consumer protections for financial transactions and automated payments

State Privacy Laws: State-specific regulations governing the collection, storage, and protection of consumer personal information

Federal Trade Commission Requirements: Federal guidelines for data security and consumer protection in financial transactions

CFPB Regulations: Consumer Financial Protection Bureau rules governing consumer financial products and services, including payment processing

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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