Right to repair / Employee Retention Credit (ERC) / Webinars October 2, 2023

KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Right to repair / Employee Retention Credit (ERC) / Webinars
October 2, 2023

SEE WEBINAR REGISTRATION BELOW – REGISTER NOW
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SOFTWARE WEBINARS:
         With all the discussion, and dissatisfaction, about management software our first webinar series is by software providers offering comprehensive software programs for the alarm industry.

Title:  Fieldhub: All In One Operations and Accounting Software For Security and Fire Integrators
When:  October 3, 2023 noon ET
Why attend:  FieldHub is a comprehensive software program that integrates proposals, planning, warehouse inventory management, scheduling, field technician mobile applications, invoicing, accounting, tracking systems and devices, creation and linkage of a central station account, and much more
Who should attend: managers and owners
Presented by: Miles Fawcett, Founder and CEO of FieldHub Inc. 202.417.8196; miles@fieldhub.com     www.fieldhub.com
Hosted by: Ken Kirschenbaum, Kirschenbaum & Kirschenbaum PC
Register here:  https://attendee.gotowebinar.com/register/2290942861013931612
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Title:  Micro Key Solutions
When:  October 4, 2023 noon ET
Why attend:  Robust Accounting and Monitoring Solutions for the Security Alarm Industry delivering user-friendly, seamlessly integrated accounting, service, and central station monitoring software that centralizes your data, integrates service tracking, and streamlines operator communications.
Who should attend: managers and owners
Presented by: Victoria Ferro, President, Micro Key Solutions, 407-870-0040; vferro@microkey.com, Courtney Wagner  cwagner@microkey.com  and Chris Lientz, clientz@microkey.com    www.microkey.com
Hosted by: Ken Kirschenbaum, Kirschenbaum & Kirschenbaum PC
Register here:  https://attendee.gotowebinar.com/register/6163494282721597275
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Title:  Innovative Business Software:  operating software for central stations
When:  October 5, 2023 noon ET
Why attend:  Innovative Business Software is central station solution to smooth operation and integration
Who should attend: managers and owners
Presented by: Jen Kolind, President and CEO of Innovative Business Software Inc. 469 556 2822; jens.kolind@innovative247.com   www.innovative247.com
Hosted by: Ken Kirschenbaum, Kirschenbaum & Kirschenbaum PC
Register here: https://attendee.gotowebinar.com/register/2817426411948243036
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Title:  Bold Group: Why you should choose Bold Group for your alarm business operating software
When:  October 6, 2023 noon ET
Why attend:  Bold Group provides comprehensive business management software solutions tailored specifically for the security industry with cutting-edge software empowering security organizations to efficiently manage every aspect of their business within a unified platform, thereby simplifying their operations. Wide range of features caters to the diverse needs of security organizations incorporating essential functionalities such as general ledger management, billing and invoicing, scheduling, workflow management, and more.
Who should attend: managers and owners
Presented by:  Julie Lichty, SVP, Product Management, julie.lichty@boldgroup.com   https://www.boldgroup.com/company/contact-us/
Hosted by: Ken Kirschenbaum, Kirschenbaum & Kirschenbaum PC
Register here: https://register.gotowebinar.com/register/5891194730763654750
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Title: WorkHorseSCS
When: October 11, 2023 noon ET
Why attend: Alarm business operating software solution for Sales, Field Service, Customer Service, RMR (Recurring Monthly Revenue), Electronic contracts and Digital Signatures, all conveniently housed in one unified platform. Streamlines your alarm company's processes with Single Point of Data Entry solution. Integrates with over 40 Central Stations, along with leading platforms like Alarm.com, Alula, resideo, SecureCom, and SecureNet.
Who should attend: Managers and owners
Presented by: Steven Hayes, 941.229.8200 steven.hayes@workhorsescs.com www.WorkHorseSCS.com
Hosted by: Ken Kirschenbaum, Kirschenbaum & Kirschenbaum PC
Register here: https://attendee.gotowebinar.com/register/3965237386615522648

Title:  Cornerstone Billing Solutions: Solutions for your alarm business operating software
When:  October 12, 2023 noon ET
Why attend:  Customer Management Software and Automated Recurring Billing in one cloud-based software platform. Live customer support. Cornerstone's software includes: complete subscriber records, recurring details, billing history, quotes, job tickets, service calendar, mobile tech app, inventory, robust reporting, collections, central station/alarm industry integrations, and more. Our automated recurring billing ensures 100% of recurring is billed.
Presented by: Scott MacDougal, Founder and Owner of Cornerstone Billing Solutions. (847) 405-9517 ext 2 ; scott@alarmbills.com     www.alarmbills.com
Hosted by: Ken Kirschenbaum, Kirschenbaum & Kirschenbaum PC
Register here:  https://register.gotowebinar.com/register/790183156955638876
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Central Stations series: Why You Should Be Monitored By Our CS
Hear from the leading central stations and “Why you should be monitored by” that central station. The topic of remote operator monitoring from outside the central station facility and the dynamics that issue presents is sure to come up. The question you need to be asking is why isn’t your central station participating and why are you still using your central station if it’s not participating?

October 17, 2023 noon ET, Emergency 24
Registration Link:  https://attendee.gotowebinar.com/register/5032873072502046552

October 18, 2023 noon ET, Statewide Monitoring Corp
Registration Link:  https://attendee.gotowebinar.com/register/3560536843132524128

October 19, 2023 noon ET, Legacy Security Services
Registration Link: https://attendee.gotowebinar.com/register/4084258420664728661

October 24, 2023 noon ET, National Monitoring Center
Registration Link: https://attendee.gotowebinar.com/register/106284724856601695

October 25, 2023 noon ET, Dynamark Monitoring
Registration Link: https://attendee.gotowebinar.com/register/5050152997423183449

October 26, 2023 noon ET,  COPS Monitoring   Registration Link: https://attendee.gotowebinar.com/register/1774793620122519136

October 31, 2023 noon ET, Rapid Response Monitoring Center
Registration Link: https://register.gotowebinar.com/register/2959829660260960857

Right to repair

Ken,
          While on the subject of contracts, have you considered verbiage to align with the SB-244 Right to Repair Act (RTRA) of California.
A similar Law was already enacted in NY.
          There are specific disclosures that are required to be made in order to provide an estimate for repairs as a third party service provider.
      On another note:
At what level does the manufacture need to participate?
1. Do they need to make available the diagnostic tools and software?
2. Do they need to make available the program software to facilitate repairs related to replacement devices, i.e. addressable detectors and modules?
3. We often encounter programming issues on a fire or security alarm system that require program software to resolve or repair, again does the RTRA or will the RTRA extend to this level of support; make readily     available the tools and diagnostics software required for the repairs?
4. Does the manufacture need to provide product or parts at fair market value to third party service providers that are disclosed to the customer as "not an authorized repair provider"?
5. There are also times when we encounter a fire Alarm or security system to be password locked and no one knows the code and the previous service provider is gone in the wind.
            With Notifier there is an Algorithm available to technical support to acquire a password of the day by entry of three consecutive failed password attempts, error codes. This service is only available to authorized dealers and is the like for all Proprietary alarm systems. Will manufactures be required to extend this crucial service to third party service providers that travel to a distant system only to find out the system is locked? These are systems that protect life, and property, this is a liability that cannot be overlooked
          Provided that all the necessary disclosures are made, customer accepts the contract, the factory is aware of the scope as required then items 1-5, and other provisions appear to be allowed and required under SB244, Yes/No?
          I can come up with more and so sure of your subscribers.
          These to me are the most important items.
          Manuals and such are already readily available, save for Authorized Dealer Systems.
    Time is our most precious commodity so;
Thank You for your Time!
Jerry VanWagoner

Response

          Right to repair is something the manufacturers, especially those that run authorized dealer or distributorship programs, need to think about and comply.  This is not something that is addressed in the Standard Form Agreements, though certain provisions in the Standard Form Agreements may be affected by Right to Repair laws.  For example, if you have a leased system, a repair service plan or unexpired warranty, someone else “working” on your system may end up causing more damage; you are not expected to render repairs caused by others exercising their rights under the Right to Repair laws.

Employee Retention Credit (ERC)

Ken,
          Just letting your readers know that, as of September 15, 2023 the IRS suspended the acceptance, and processing of, claims for the Employee Retention Credit (ERC). Their reasoning, and it is very reasonable, is that the ERC has become the largest tax fraud scheme in history. Any claims received, but not yet paid, will be processed beginning in January 2024.
          While the ERC is a legitimate program, pop up fly by night companies have taken advantage of it and have filed millions of claims for dubious credits.
          If your company legitimately qualifies, there is nothing to worry about. This may actually make it easier for you to claim the Credit.
          If you believe that your claim may be questionable, have your Tax Advisor look at the Claim or call us.
          The IRS has formed a task force and has announced that they will be pursuing questionable claims. This could result in large penalties, and, in some cases, criminal prosecution. They are advising company owners who may not feel that they were qualified to take the credit, to consider withdrawing their claim now.
          For more on the story, please see my article in the Electronic Version of Security News, & Systems Integration.
https://www.securitysales.com/business/operations/irs-suspends-processing-of-employee-retention-credits/
  Mitch Reitman
817 698 9999 XT 101
Reitman Consulting Group
http://www.reitman.us

Response

          No wonder those obnoxious ads for the ERC has slowed down and stopped.  For any tax or accounting advice or services you require Mitch and his team is your best resource.  Give him a call and tell him I sent you.
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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