KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Best practice for signing contract / webinars / ISC meeting schedule - sign up for next weeks webinars: Mitch Reitman, Fieldhub, Microkey, Actuate
March 15, 2025
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Webinars:  All webinars will be recorded and available on the K&K website at https://www.kirschenbaumesq.com/page/alarm-webinars and are available on Podcasts at  https://podcasts.apple.com/us/podcast/ken-kirschenbaum-presents/id1794851477
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March 18, 2025  noon   Mitch Reitman.  Accounting and tax issues
Mitch Reitman, Reitman Consulting  MReitman@Reitman.US  817-698-9999 ext.101 http://WWW.Reitman.US
Presenter: Mitch Reitman
Hosted by: Ken Kirschenbaum
Topic:  Sales Tax and Entity Selection for Security, Fire, and Integration Companies. 

   Did you know that many states have special rules regarding sales tax for burglar and fire alarm monitoring service?  Don’t feel bad, neither do most accountants.  States may also have special provisions for commercial install, service, inspections, residential install, interactive service, cellular units, and a host of other services.   One thing that is consistent, and for certain, is that if your company doesn’t treat a sales tax situation the proper way, the State will most certainly expect your company, not your customers, to pay the tax.
     Mitch Reitman will discuss sales tax and the alarm and integration industry.  You will learn the difference between tax code, interpretations by taxing authorities, case law, and technical rulings.  Sales tax audits are much more common then IRS Audits.   Even if you have gotten some bad advice, being in compliance when the auditor walks in the door can save you a lot of grief.
      Hopefully you have chosen the correct entity (Corporation, LLC, Limited Partnership, etc…) for legal protection for your company.  Did you know that the IRS looks at each entity differently.  Did you also know that it is possible to be taxed as a different entity in some situations, and that this can lessen your chances of an audit?  Mitch will give you some insight into proper entity selection for tax purposes based upon your mix of business. 

Register Here: https://attendee.gotowebinar.com/register/6702706891533205338
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March 19, 2025 noon ET Fieldhub: software for security and fire alarm integrators
FieldHub: www.fieldhub.com
Presenter: Miles Fawcett, CEO of FieldHub
Hosted by:  Ken Kirschenbaum, Kirschenbaum & Kirschenbaum
Topic: Learn all about Fieldhub’s all-in-one software built specifically for security and fire installers and integrators. FieldHub handles a huge range of key functions, including accounting, RMR billing and invoicing, as well as being a very strong CRM and dispatching platform, among other things!  Sign up for the webinar and come meet the FieldHub team at booth #31087 at ISC West.
Register Here: https://attendee.gotowebinar.com/register/7273615110028492128
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March 20, 2025 noon ET  Microkey: software solutions for alarm dealers
Microkey: www.microkey.com
Presenter: Victoria Ferro, President of Micro Key Solutions.
Hosted by: Ken Kirschenbaum, Kirschenbaum & Kirschenbaum
Topic: Micro Key Solutions: Your Key to Profitability & Performance. 40 Years of Innovation – Built for Alarm Dealers Like You. "The Industry is Changing – Are You Ready?" Meet us at ISC West Booth 35056.
Register Here: https://attendee.gotowebinar.com/register/6639386016801826908
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March 21, 2025  noon ET  Actuate:  remote video monitoring
Actuate: www.actuate.ai
Presenter: Brian Karas - Brian.karas@actuate.ai
Hosted by: Ken Kirschenbaum, Kirschenbaum & Kirschenbaum
Topic:  Actuate AI. How to drive growth and efficiency in your remote video monitoring portfolio by reducing spam events and adding new video monitoring options. Actuate will be in the AI Discovery Zone at ISC West and is hosting exclusive events for monitoring stations and dealers in the video monitoring business.  Contact Brian Karas direct at 603-315-7877 or Brian.karas@actuate.ai

Register Herehttps://attendee.gotowebinar.com/register/5007385305740522592
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March 24, 2025  noon ET   NMC: professional monitoring center
National Monitoring Center: www.nmccentral.com
Presenters:  Tatiana Abramek, Senior Sales Executive with special guest Nicola Oakie, Vice President of Sales, Netwatch North America
Hosted by:  Ken Kirschenbaum, Kirschenbaum & Kirschenbaum
Topic:  Learn about National Monitoring Center’s leading proprietary technology to bring innovative solutions.  Contact Tatiana Abramek, Senior Sales Executive, NMC, at 949-877-226 or tabramek@nmccentral.com and Nicola Oakie, Vice President of Sales, Netwatch North America
at 702-816-1974 or noakie@netwatchusa.com
Register Here: https://attendee.gotowebinar.com/register/4188331606419621213
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March 25, 2025 noon ET    Security Central: professional monitoring center
Security Central: www.security-central.com
Presenter:  TBD
Hosted by: Ken Kirschenbaum, Kirschenbaum & Kirschenbaum
Topic:  Learn about Security Central’s cs operation and why you should have your accounts with us
Register Here: https://attendee.gotowebinar.com/register/3887630569385895772
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March 27, 2025  noon ET   Dynamark: professional monitoring center
Dynamark: www.dynamarkmonitoring.com
Presenter: Trey Alter, CEO. talter@dynamarkmonitoring.com  301-745-1602
Hosted by: Ken Kirschenbaum, Kirschenbaum & Kirschenbaum
Topic: The Future of Monitoring: Evolution or Revolution:  A look into the changing dynamics of monitoring centers including size, service offerings, technology, and pricing. Also, a special section on how technology is changing the way monitoring centers, dealers, and their customers communicate with one another. Find out how Dynamark has evolved and the investments it is making for the future. Dynamark is hosting dinners in Las Vegas instead of a booth and to participate or arrange visit to either of Dynamark’s monitoring centers contact Trey Alter at 301 745 1602 or talter@dynamarkmonitoring.com.
Register Here: https://attendee.gotowebinar.com/register/4864481779478912605
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Private and Group FREE meeting - schedule now available
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Schedule a free private meeting while at ISC. Meetings will be at the Prestige Lounge at the Palazzo.  Time is limited so book now.  Contact Kathleen Lampert at 516 747 6700 x 319; for last minute booking or to change appointment while at ISC contact Stacy Spector at 516 987 8428.
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Private Meetings with Ken Kirschenbaum, Esq.
Discuss contracts, buying and selling, legal and business issues, disputes, or just come and meet Ken in an informal setting.
Contact Kathleen Lampert at 516 747 6700 x 319 to schedule your free appointment
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Private Meetings with Rory Russell of AFS:
        Schedule a private meeting with Rory Russell of Acquisition and Funding Services (AFS) to discuss buying or selling security, fire and integration business. Contact Kathleen Lampert at 516 747 6700 x 319 to arrange a meeting.  You can contact Rory direct at 518-366-5111. At ISC you can also contact Stacy Spector to schedule last minute appointment or change an appointment with Rory.  Call Stacy Spector at 516 987 8428.
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Private Meetings with Mitch Reitman, President of Reitman Consulting Group Inc. Discuss accounting, tax, due diligence, valuation issues.  Contact Kathleen Lampert at 516 747 6700 x 319 to schedule your free appointment.  At ISC you can also contact Stacy Spector to schedule last minute appointment or change an appointment with Mitch. Call Stacy Spector at 516 987 8428.  You can reach Mitch at MReitman@Reitman.US or 817-698-9999 ext.101 http://WWW.Reitman.US
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Group Meetings:  See schedule below. Space limited. Reserve your spot by calling Kathleen Lampert at 516 747 6700 x 319 or Stacy Spector at 516 987 8428.
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April 1.  Group Meeting:  11:00 am to 12:00 pm - Selling and buying alarm accounts; Things to know. Group Meeting conducted by Ken Kirschenbaum.
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April 1.  Group Meeting:  2:00 pm to 3:00 pm – State sales tax and complex company valuation. Group meeting conducted by Mitch Reitman of Reitman Consulting Group
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April 2.  Group Meeting:  10:00 am to 11:00 am - "Selecting the best insurance carrier and what is trending with claims"
Learn for yourself the differences of various insurance carriers. Understand why some are better than others. We will discuss what is trending with claims in the security industry and tips to limit your liability when an incident arises. Group meeting conducted by Shawn Iverson of The Insurance Center.  You can also meet Shawn at The Insuarance Center booth.
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April 2. Group Meeting: 11:00 am to 12:00 pm – Contracts – which ones you need and why you need them. Group meeting conducted by Ken Kirschenbaum.
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April 3.  Group Meeting 11am to 12 pm.  Buying or selling your security business.  Group meeting conducted by Ken Kirschenbaum.

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Best practice for signing contract / webinars / ISC meeting schedule March 15, 2025
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We are in the process of fine-tuning our sales procedures and want to ensure we are following best practices to legally protect us. Specifically, we would like your guidance on whether an approval email from our client constitutes a legally binding agreement or whether we should always obtain a formal signed document.

           Currently, our sales flow with client is as follows:

  • Client submits a request for proposal

  • We prepare and submit a proposal for their review.

  • They provide approval via email

  • Upon receiving email approval, we create a job number and proceed.

  • A formal schedule is created but is not currently sent for signature

             Our key question: Is their email approval legally binding, or should we always require a signed schedule to ensure enforceability?
            
While we understand that an email approval can be legally binding under certain conditions, we want to confirm the best approach for ensuring contract enforceability and mitigating any risks. If email approvals are insufficient, we are open to adjusting our process to require formal signatures.
           Please let us know your recommendations and any specific legal considerations we should keep in mind.  Thank you for your time and guidance.
   
Name withheld
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Response
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          A party can certainly bind itself to a written contract without signing that contract.  The best practice is to get that contract signed.  You need to be careful with substitute methods.  For example, an email can confirm that a contract is accepted and therefore binding.  However, I can’t determine if “that email” accomplishes that without making sure the email makes sufficient reference to the contract and also makes it unequivocally clear that the contract is accepted and binding.  Keep in mind that a contract in dispute is hard enough to get enforced without introducing more issues, such as how it was in fact approved since it’s not signed. 
          The above question also confuses me because it asks about a “schedule”, which is not a contract.  Proposals should list equipment and describe the services, but legal terms are more appropriate in the formal contract. 
          Another reason it’s preferably to get the contract signed is that you will notice that the contract has different font, emphasizing one provision apart from others.  This selection of text is not my personal predilection but done to conform to a statute or case law requiring or suggesting the practice.  The K&K Standard Form Agreements have been drafted with great care, over a long period of time and with the input of hundreds of clients; the contracts are in use by thousands of clients.  So, best practice, get the contract signed.
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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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WEBINARS
https://www.kirschenbaumesq.com/page/alarm-webinars
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ALARM ARTICLES:  You can always read our Articles on our website at 
www.kirschenbaumesq.com/page/alarm-articles  updated daily        
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Wondering how much your alarm company is worth?
Click here:  https://www.kirschenbaumesq.com/page/what-is-my-alarm-company-worth
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THE ALARM EXCHANGE - the alarm industries leading classified and business exchange - updated daily
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PODCASTS:  https://podcasts.apple.com/us/podcast/ken-kirschenbaum-presents/id1794851477
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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