KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Can you be the license holder for alarm company / those looking for or offering alarm license / register for Zwirn webinar
April 16, 2021
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Webinar Announcement
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Title: Product deficiencies in Konnected products
Topic:  Products will be reviewed by renowned security alarm expert
When:  April 20, 2021  12 PM ET   12 to 1 PM
Presented by:  Jeffrey Zwirn, CPP, CFPS, CFE, SET, FASI&T, CHPA-IV, MBAT, NFPA 3000(PS), President of IDS Research & Development, Incorporated
Hosted by:  Ken Kirschenbaum,Esq
Who should attend:  alarm company owners and technicians
Register Here:  https://attendee.gotowebinar.com/register/7769874154141564686  **********************
Can you be the license holder for alarm company / those looking for or offering alarm license
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            The short answer is yes.  If you have the qualifications to obtain an alarm license you can qualify for another to engage in the alarm business, but you need to be certain that the relationship is truly authorized as well as real.  Every alarm license law has well defined criteria for qualifications and how that qualified person can license another entity.  The relationship between license holder and licensed company varies from state to state.  It’s essential that the license holder and the company understand the required relationship and document that relationship. 
            It should be noted that the alarm license typically does not differentiate between alarm services and activities.  Thus, the same license may be required if the company is installing, servicing, inspecting or monitoring intrusion, fire, panic or other alarm systems.  Not all licensed company engage in all authorized licensed activities and therefore the duties and responsibility of the license holder will vary from company to company.  This also is a consideration when the license holder is holding the license for multiple companies because performing the duties of license holder may be easier for some companies, harder or more time consuming for another.  A company with 100 employees in the state is obviously more responsibility for the license holder than a company with no employees in the state.
            License qualifiers must be careful about the relationship with the company because it does have to be a real relationship.  It’s illegal for a qualifier to “lend” or “avail” the license.  Perhaps a poor analogy, you can’t give your driver’s license to another and tell them it’s OK to drive.  You can’t take your liquor license and use it at another restaurant. 
            Many of you know that The Alarm Exchange has a category for those looking to place their “license” and companies looking for a license holder.  Again, there is nothing wrong with that arrangement provided it’s structured lawfully.  K&K coordinates the relationship and does structure it lawfully in each jurisdiction where we assist with placing the license holder.  K&K does not charge a fee to the qualifier; the company needing the license pays not for the introduction but for the Qualifier Agreement which is the defining documentation of the relationship. 
            How many companies can you hold a license for?  That depends on the state; some permit only one company and others multiple as long as you can satisfactorily perform the required duties.
            Why should I hold the license for a potential competitor?  If you feel that way then you probably shouldn’t offer to hold a license for a potential competitor.  However, many of you are not utilizing your license because you are retired, your company is not doing much business, you’re looking to retire, the company that is looking for a license would not be a competitor and finally, you are permitted to hold the license for more than the number of businesses you currently hold the license for and you will be able to perform the duties of the license holder for all of the companies you hold the license for. 
            Why should qualifier and company be concerned about structuring the relationship?  There’s a lot to lose if the licensing agency determines that the relationship is bogus and illegal.  The qualifier could lose the license and the company would be left with no license and might be barred from getting another qualifier in that jurisdiction, temporarily or a lot longer.  Let K&K help structure the relationship.
            Should you list your availability as license holder on The Alarm Exchange You can; there is no charge, but I think the better practice is to list your name on the private list maintained by K&K’s License Coordinator Eileen Wagda who you can reach at 516 747 6700 x 312 or EWagda@Kirschenbaumesq.com.
            Why the private list?  Two very good reasons: 1) there is no reason to advertise your availability because most qualifiers on the list are placed by our License Coordinator anyway, and 2) we do not want qualifiers [or companies looking for a qualifier] to think they don’t need the assistance of K&K to coordinate the relationship and provide the proper documentation to evince that relationship.
            K&K has openings for qualifiers so contact Eileen.  And companies, Eileen has the qualifiers you need. Not sure where you need a license for your intended activities?  K&K has the expertise to research all state laws to determine where and why you need a license in specific jurisdictions.  Contact Ken Kirschenbaum 516 747 6700 x 301 or Eileen Wagda at 516 747 6700 x 312 for research on licensing for your specific business model.
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To order up to date Standard Form Alarm /  Security / Fire and related Agreementsclick here:  www.alarmcontracts.com
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CONCIERGE LAWYER SERVICE PROGRAM FOR THE ALARM INDUSTRY
You can check out the program and sign up here: https://www.kirschenbaumesq.com/page/concierge or contact our Program Coordinator Stacy Spector, Esq at 516 747 6700 x 304.
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THE ALARM EXCHANGEalarm classifieds alarm security contracts

    This area is reserved for alarm classifieds, alarm company announcements, solicitations, offers, etc. 
    There is no charge to post a listing here.Include your contact information, phone, email and web site.  If you would like to submit a post, please send an email to ken@kirschenbaumesq.com.  To create a reciprocal link to our website, click here.

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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