It is true for most states that the contractor and all subcontracts must hold licensing for the trade they are performing in that state, with exception in NY.  NY doesn't want out side contractors in their state so they only require the sub or contractor to be licensed that is actually doing the work, and they will deal with them locally. I am personally licensed in 24 states and this is the only one I have found this way.
    Here is a good example of confusion regarding licensing in the alarm industry.  A licensed qualifier offers his opinion that in NY the contracting alarm company doesn't have to be licensed as long as the subcontractor doing the work is licensed.
    I disagree.  An unlicensed alarm company cannot contract for sale, installation or service of alarm systems in New York, no matter who it uses to do the work.  The test isn't whether the NYS Division of Licensing Services will take any action against the unlicensed alarm company.  Here is what I base my opinion on:  An unlicensed contractor will not be able to enforce its contract in New York.  
    If the unlicensed alarm company isn't doing the work and isn't contracting for the work, then what is it doing?  Acting as a referral source and looking for a kick back?  
    As I mentioned in my article on June 30, 2016 you have to look at the license law carefully to determine if you're engaging in licensed activity.  You can't hide behind your subcontractor's license if you are the one contracting for the service, at least not in a jurisdiction that licenses the sale of the system.  If a jurisdiction is focused on technical skills and qualifications pertaining to installation and service then it may be that an unlicensed alarm company can contract for the service as long as the subcontractors are licensed.  But I don't think it's a good idea.  Sometimes a law affecting your operation won't be found in the licensing law.  The prohibition in New York that prevents an unlicensed contractor from enforcing its contract for the licensed activity is not in the license law. 
    I am going to stick with my original advice.  If you contract for the work, be licensed.  If you do the work, be licensed.  Contact me or our licensing department for legal assistance with licensing issues, including a Qualifier Agreement.  For licensing contact Nicoletta Lakatos,Esq at 516 747 6700 x 311 or NLakatos@KirschenbaumEsq.com.  To be sure your subscriber agreements are compliant and up to date contact our Contract Administrator Eileen Wagda at 516 747 6700 x 312 or EWagda@KirschenbaumEsq.com.

                                           PERS: SERIES - WEBINARS 
                              WEBINARS - ALL WEBINARS ARE FREE 

WEBINARS:  PERS:  Personal Emergency Response Service  / Medical Alert:   how and why you need to consider getting into that business  Everything you need to know and do to get started with PERS or grow your PERS business to a nationwide operation.  Presented by a leading PERS manufacturer, a central station specializing in PERS monitoring, attorneys who will address licensing and contract issues and telemarketing issues.  Sign up for each webinar separately.  These webinars are FREE.  You need to register in advance to reserve your spot [attendance is limited] and sign in a few minutes before each presentation.
Title:  How to Select a PERS Monitoring Center
Date and time:  July  20, 2016  12 noon to 1 PM
Place:  your computer
Register here:  https://attendee.gotowebinar.com/register/5252919376200633603
Presented by:  Mike Zydor, Managing Director of Affiliated Monitoring www.affiliated.com
Topic:  Selecting the right monitoring center for your PERS business is a key to growth
Q&A:  Send your questions in advance to Mike Zydor at sales@affiliated.com
Title:  Licensing and Contracting for your nationwide PERS operation
Date and time:  July  27, 2016  12 noon to 1 PM
Place:  your computer
Register here:  https://attendee.gotowebinar.com/register/5380922320883276803
Presented by:  Licensing by Nicoletta Lakatos, Esq., licensing counsel at Kirschenbaum & Kirschenbaum; Nationwide PERS Agreement by Jesse Kirschenbaum,Esq., contract counsel at Kirschenbaum & Kirschenbaum.  Moderator: Ken Kirschenbaum
Topic:  Licensing for nationwide PERS.  Agreement needed for nationwide PERS
Q&A:  Send your questions in advance, for licensing to Nicoletta Lakatos at NLakatos@KirschenbaumEsq.com and for contract questions to Jesse Kirschenbaum at Jesse@KirschenbaumEsq.com
Title:  Telemarketing nationwide 
Date and time:  August 3, 2016  12 noon to 1 PM
Place:  your computer
Register here:  https://attendee.gotowebinar.com/register/3591740925073303811
Presented by:  Matthew Pitts, Director of Legal Compliance, Alliance Security, Rhode Island.
Topic:  state telemarketing licensing; Federal and State Do-Not-Call compliance and call scrubbing; current legislation including the Telephone Consumer Protection Act (TCPA) and the Telephone Sales Rule (TSR); vicarious liability and the use of sales affiliates; recent litigation trends. 
Q&A:  Send your questions in advance to mpitts@alliancesecurity.com