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licensing question - Qualifier Agreement November 11, 2017

KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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licensing question - Qualifier Agreement
November 11, 2017
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licensing question - Qualifier Agreement
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Ken
    I have a company that wants to use my license in New York.  Can I do this?   And what steps should I take to protect myself?
name withheld
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Response
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    A company cannot "use" your license.  You can, however, be the license holder for a company provided you have a proper relationship with that company.  The "relationship" required is usually defined in the licensing statute.  That's where we will find if the license holder needs to be an owner, officer, director, manager or employee of the company.  The licensing statute will also explain the duties expected of the license holder and the licensed company.
    So you can be the qualifier - license holder - for a company that you don't own or work for, but that relationship should be detailed in a well drafted agreement.  We have such agreement and it's called a Qualifier Agreement.  The company seeking the license should pay for this agreement.  
     The cost of the agreement is $1500, and well worth it, especially if the licensing agency challenges the bona fides of the license holder.  If the licensing agency determines that a qualifier is "availing" or renting or selling or lending, the license then the license holder can lose the license or have it suspended, and the company then risks being without a license holder and worse, risks having the licensing agency take the position that it won't license the company for a period of time, or ever, so "don't bother trying to come back with another license holder".  The fines can also be in the thousands.
   Bottom line, you can hold the license for another's company.  Just be sure to use the Qualifier Agreement and perform the duties outlined in that agreement.  Every state has different rules, which requires a separate Qualifier Agreement for each state.  We customize each agreement and draft it to comply with the state's requirements.  To get a Qualifier Agreement you can order on-line at www.alarmcontracts.com or you can call our Contract Administrator EIleen Wagda at 516 747 6700 x 312.  Eileen maintains our confidential list of license holders and companies looking for license holders, and we try to match license holder with company without any charge for that service,  We do strongly suggest that the company and the license holder use our Qualifier Agreement to protect themselves,
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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
516 747 6700
www.KirschenbaumEsq.com