KEN KIRSCHENBAUM, ESQ
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Selling monitoring accounts from one company to another owned by same owner
September 27, 2025

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Selling monitoring accounts from one company to another owned by same owner
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Ken
    What is the process for selling monitoring contracts from one business to another? 
    We are closing our security monitoring business and will need our other company doing automation business, to take over our existing contracts. We only have 22 contracts. I own both businesses. 
    What is the best way to handle this?
  Thank you, 
JC
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Response
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    It's a little, just slightly, too complicated to guide you in a quick response to your inquiry.  You should engage K&K to properly review the proposed transaction and prepare the appropriate papers to effectuate the "sale".  What can be so complicated on such a trivial matter?  How about this:
    You notify a monitoring customer that the surviving business has taken over the monitoring account.  Then there is a loss suffered by the customer; a very big loss.  Your surviving company owns the account and is responsible for the account, which translates into being liable to the account.  That exposure may be enough to force the surviving company to close its doors. 
    You have not advised my if the selling company [that has only 22 monitoring accounts and is closing its doors] has a contract with the customers, which contract or anything about the customers.  You have not advised if the company closing its doors and striping itself of its only apparent assets, the monitoring contracts, has secured creditors, tax liens, trade debts, or other problems.
     If we conclude that the surviving company can safely acquire the accounts, and has E&O coverage from the moment it does own the accounts, then a Bill of Sale will be the appropriate transfer of ownership document.
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Ken Kirschenbaum,Esq
Kirschenbaum & Kirschenbaum PC
Attorneys at Law
200 Garden City Plaza
Garden City, NY 11530
516 747 6700 x 301
ken@kirschenbaumesq.com
www.KirschenbaumEsq.com