Debit Authorization Agreement Template for Canada

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Key Requirements PROMPT example:

Debit Authorization Agreement

"I need a Debit Authorization Agreement for my subscription-based software company in Ontario, Canada, that includes variable monthly payment amounts and allows for quarterly price adjustments with a 30-day notice period to customers."

Document background
The Debit Authorization Agreement is a crucial financial document used across various sectors in Canada where recurring payments are required. It establishes the legal framework for pre-authorized debits (PADs) in accordance with Payments Canada's Rule H1 and relevant federal and provincial regulations. This agreement is essential for businesses and organizations that collect regular payments from customers, such as subscription services, utilities, or loan payments. It must include specific elements required by Canadian law, including clear authorization terms, payment details, cancellation rights, and recourse procedures. The document serves both to protect the interests of payors and payees while ensuring compliance with Canadian banking regulations and privacy laws.
Suggested Sections

1. Parties: Identification of the payor (account holder) and payee (company/service provider), including full legal names and addresses

2. Background: Brief context explaining the purpose of the debit authorization and the underlying business relationship

3. Definitions: Key terms used in the agreement including 'PAD' (Pre-Authorized Debit), 'Processing Institution', 'Due Date', etc.

4. Authorization: Express authorization from the account holder permitting the payee to debit the specified account

5. Payment Details: Specification of payment amount (fixed or variable), frequency, and timing of debits

6. Account Information: Complete banking details including institution number, transit number, and account number

7. Cancellation Rights: Terms for cancellation of the agreement and required notice periods as per Rule H1

8. Recourse Rights: Statement of the payor's recourse rights and reimbursement procedures for unauthorized transactions

9. Modification: Process for making changes to the agreement or payment arrangements

10. Contact Information: Details for notifications and communications between parties

11. Governing Law: Specification that the agreement is governed by Canadian law and applicable provincial legislation

Optional Sections

1. Variable Amount Authorization: Required when debit amounts may vary; includes requirements for advance notice of amount changes

2. Electronic Communication Consent: Optional section for authorizing electronic notifications and communications

3. Business PAD Waiver: Required for business PADs where certain consumer protections are waived

4. Multiple Account Authorization: Used when authorizing debits from multiple accounts or backup accounts

5. Third Party Authorization: Required when the payor is not the account holder

6. Language Choice: Required in Quebec to acknowledge language choice for the agreement

Suggested Schedules

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

2. Schedule B - Void Cheque or Bank Account Details: Copy of void cheque or official bank account verification

3. Schedule C - Notification Procedures: Specific procedures for payment notifications and changes

4. Appendix 1 - Sample Cancellation Form: Standard form for agreement cancellation as required by Rule H1

5. Appendix 2 - Electronic Funds Transfer Authorization Form: Additional form required by some financial institutions for electronic transfers

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

Relevant Industries

Banking & Financial Services

Insurance

Utilities

Telecommunications

Property Management

Subscription Services

Retail

Education

Healthcare

Professional Services

Charitable Organizations

Fitness & Recreation

Relevant Teams

Finance

Legal

Compliance

Operations

Customer Service

Treasury

Collections

Risk Management

Payment Operations

Account Management

Relevant Roles

Finance Manager

Accounts Receivable Manager

Legal Counsel

Compliance Officer

Banking Operations Manager

Customer Service Manager

Credit Controller

Financial Services Administrator

Treasury Manager

Payments Operations Manager

Risk Manager

Collections Manager

Industries
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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