KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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License holder concerns and risks / ISC meeting / Party Invite
November 13, 2025
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You're invited: K&K 2025 HOLIDAY PARTY WILL BE ON DECEMBER 4, 2025 6 PM Old Westbury, NY [presently, I'll let you know if the location changes]. RSVP only if coming with Kathleen Lampert at 516 747 6700 x 319 or KLampert@Kirschenbaumesq.com or Diana Henriquez at 516 747 6700 x 328 or email dhenriquez@kirschenbaumesq.com. Space limited so be sure to RSVP if coming asap
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Private meetings at ISC EAST
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ISC is almost here; reserve your private meeting.
To arrange a private meeting with K&K and staff at ISC East on November 19 or 20 please contact Kathleen Lampert at 516 747 6700 x 319 or KLampert@Kirschenbaumesq.com or Stacy Spector,Esq at 516 747 6700 x 304 or SSpector@Kirschenbaumesq.com. We are planning half hour appointments between 10:30 and 4:30 on November 19 and 20. If you think you need more time let us know. We look forward to seeing you at ISC; meetings will be outside the hall at the food court area.
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License holder concerns and risks
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Ken,
When the company I work for originally asked to use my Qualifier License, I agreed and was excited to help further and protect the company. After a few months, I remembered that you suggest a Qualifier Agreement. In December of 2024 I purchased the Qualifier Agreement. I presented it to them for review in January 2025. The ownership agreed to review it and advise.
Once the partners obtained copies, they refused to execute the agreement, basically due to a misunderstanding with the monetary terms in the Agreement. I let them know that we agreed to monetary terms (my increase in salary) and I didn't want any additional income above that. I was simply looking to protect my interests and liability.
After further discussion, they agreed to have their legal team review and advise. After a month or so, we had a potential issue because of an inspector who caught a crew working without a permit posted. Luckily, we were only issued a warning, and it caused the ownership to reevaluate their position and they agreed to execute the Agreement.
I've requested updates on a regular basis giving them the benefit of the doubt. However, it is now October and the agreement has not been executed.
I'm intelligent enough to know that this is a clue, but I like the company and the ownership. It also concerns me if something serious were to happen since we are a fire alarm company.
Do you have any recommendations? If you print this in the newsletter, please don't use my name as I don't want to risk retaliation.
name withheld
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Response
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I initially titled this article "License holder sticks neck out". Couple of points to consider, and I'll start with a simple caveat you've heard from me before, do no work in the alarm industry without a contract. While I didn't intend that to apply to a license holder, I can see that it does. You state that you wanted to help the company out. That's great except "no good deed goes unpunished" But your agreement to hold the license wasn't really entirely altruistic, you also mention that you got a raise.
Hopefully the raise is sufficient to risk losing your license. That's a real risk, along with a fine for license violations that will be assessed against you personally along with the company.
A license holder is generally not personally liable for the company's contracts and negligence. But I am concerned, as you should be, because your license, and the company activities, involve fire. If you are required by the AHJ to attend inspections or meetings then you're involved beyond merely holding the license.
There is no good reason the company owners won't sign the Qualifier Agreement. It mirrors the licensing statute setting forth the required relationship. If they don't like the statutory requirement for a license holder then, maybe, they should get their own license. As Willie Nelson sung, "Mr Record Producer if you don't like my songs then write one yourself", or something like that.
It's a tough decision by an employee to hold the license for the company, and guess what, it's not such a great idea for the company to want an employee to hold the license. An employee generally won't have the same connection to the company as an owner, and disagreement over many issues, particularly employment issues, can affect the license relationship. Someone whose job is to hold the license who has no other role would likely get into less issues, in fact, the only issues the license holder should be involved in are license issues.
Understanding, and documenting the relationship between license holder and company should not be left to a handshake. Be sure you have the K&K Qualifier Agreement in place. By the way, the company should be buying the Qualifier Agreement.
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STANDARD FORM AGREEMENTS: To order up to date Standard Form Alarm / Security / Fire and related Agreements click 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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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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