SECTION 35.53. Will the department provide model forms for the sworn statement and written authorization required by Section 523.052(b)(2) and (3), Business & Commerce Code?

(a) The department has provided a model form combining the sworn statement under §523.052(b)(2), Business & Commerce Code, and the written authorization under §523.052(b)(3) for use by financial institutions.

(b) The department has provided a model form sworn statement under §523.052(e)(2)(B), Business & Commerce Code, for use by check verification entities.

(c) A financial institution or check verification entity may use and accept:

(1) the model forms provided by the department; and

(2) other forms that contain spaces for persons to provide the information required by §523.052, Business & Commerce Code, and this Chapter.

(d) The model forms in subsection (a) and (b) of this section are available on the department's website. The department encourages financial institutions, check verification entities, and other financial institution regulators to make the model forms, or the forms they use, available on their websites.

(e) A financial institution may use and accept a form that combines the sworn statement and the written authorization into a single form.

Source Note: The provisions of this §35.53 adopted to be effective January 3, 2008, 32 TexReg 9940; amended to be effective September 9, 2010, 35 TexReg 8102