KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Financial Webinars by Alarm Financial Services / Cameras to view field
September 26, 2020
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Financial Webinars by Alarm Financial Services
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The 3 webinars by Alarm Financial Services presented on September 15, 17 and 22, 2020 were tremendously interesting and packed with valuable information, not just to those considering financing as part of their business model but all alarm companies that are interested in growth – and that should mean all alarm companies. If you missed one of more of the webinars, no worries, you can view them on the K&K website under Alarm webinars: https://www.kirschenbaumesq.com/page/alarm-webinars
The most interesting concept proffered was using your equity [the RMR contracts] to borrow against so you can use the funds to spur growth in your business. If managed correctly it can be a potent way to grow. How is it managed correctly? Well, AFS is quite skilled and accomplished in the alarm industry, so if it extends financing you can safely assume that AFS has carefully assessed the risk favorably. That’s good for you, because while AFS is taking a risk, it’s really you and your company on the line. If AFS has faith in you then that’s a great step in the right direction.
It’s essential that you have a plan for the financed funds. The loan is expected to be used for growth potential, not pay for some fungible whim, like your new car, golf club or vacation. The idea of the loan should be to cash in, not cash out. That means that AFS isn’t interested in acquiring your accounts; it wants you to use the funds to grow your business and pay back the loan, with you retaining your contracts.
A relationship with AFS is not you selling accounts for AFS; you’re selling them for yourself and retaining all the benefits of ownership, including the equity that RMR builds.
AFS is listed on The Alarm Exchange in the Financial category.
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Cameras to view field
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Ken
I have a customer that owns a large piece of property that he has leased to a company that's going to build some baseball fields and sports related facilities. The customer wants to keep an eye on the field. He called me to put a camera on his neighbor's property (who he says would give him permission to do that.) to look into his property.
I told him absolutely not because it's against the law. I explained the reasons why but was very persistent. I told him to get permission from the lease holder. Even with that I won't get involved. Should I do this camera job?
Thanks
John
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Response
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It’s generally true that once an owner leases property to a tenant it’s the tenant who has control of the property, but that’s always the case and leases can always reserve whatever rights the owner wants reserved, including the right to monitor the property through cameras.
In this case however a specific reservation is probably not needed. The property to be viewed by the cameras is a sports field; there would be no expectation of privacy on the field. Of course that doesn’t mean that the data can be used anyway your customer wants; in fact it shouldn’t be used at all except for the purpose professed, which is to monitor the premises. The data should not be used commercially by the owner, for example, showing the games or those on the premises on U-Tube of offering it to local papers. I’ve mentioned often, it’s the use of the data that is going to cause the problem, not the positioning of the cameras.
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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
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