KEN KIRSCHENBAUM, ESQ ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE You can read all of our articles on our website. Having trouble getting our emails? Change your spam controls and whitelist ken@kirschenbaumesq.com ****************************** Comment on Business Sold and Contract left behind October 24, 2026 *************************** Private meetings at ISC EAST *************************** To arrange a private meeting with K&K and staff at ISC East on November 4 or 5 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 3:30 on November 4 and 5. 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. ************************* IT’S PARTY TIME - SAVE THE DATES - Two parties ************************* The annual K&K party in New York will be on December 1, 2026 in Old Westbury, NY. This year we are also starting what we hope will become tradition, a holiday party in Boca Raton, Florida, which will be on December 10, 2026. To RSVP for either party notify 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. RSVP only if coming and let us know if you will be bringing someone with you. Be sure to RSVP asap so we can plan, and a gate pass will be sent for the Florida party. Parties will be 6:30 to 9:30 pm, casual dress. Hope to see all of you at one or both parties. ************************* Comment on Business Sold and Contract left behind from article on October 17, 2026 ************************* Ken As usual your response to the question – as presented – was spot-on! But perhaps Bryan’s question was lacking in some important information. Was the restaurant business a simple proprietorship or was it some form of incorporated company? Would your response be different if the new owner simply purchased all of the shares of the corporation? If it was a share purchase and the alarm contract was with the corporation wouldn’t the alarm contract remain in full force after the purchase? Just wondering! Dave Currie Damar Security Systems ************************* Response ************************* This question raises a fundamental issue that all of you need to understand with complete clarity; there are no exceptions. A corporation is a separate legal entity; so is a LLC. These legal entities are separate and apart from the individuals who own them or work for them, as officers or non-officers. If you have a contract with John Smith, you should understand that if all of a sudden Joe Schmo shows up as a new occupant claiming to be a new owner you do not have a contract with Joe Schmo. Unless the old and new owner enters into an Assignment and Assumption Agreement, with your consent, the new owner needs a new contract. Corporation A is not corporation B and should be treated as two separate persons for contact purposes; Assignment of contract or new contract. You should do not work if you don’t have a contract; none. The moment you find out there is a new owner using the space and your alarm services you should shut the system down or get a new contract. That new owner will not have the luxury of busting your chops over the contract terms, especially if it’s a vital system in the building. That would apply to fire alarms, but a lot more, such as access control that might lock down or open an entire building, environmental, etc. That new owner should be required to at least sign a month-to-month agreement for the services, or find a new alarm dealer. If you have started providing a service to a new owner or occupier, then you cannot simply shut down the service; some reasonable notice will be required and you better hope there is no loss until you do because you will not have the protection of the alarm contract which this new occupant has not signed. By the way, “signing” is not always necessary and a new occupant’s consent to the terms of the contract can be in any written communication reasonably attributable to the new occupant, though a new contract is best way to deal with this situation and should be the ultimate requirement for continued service. ************************* STANDARD FORMS Alarm / Security / Fire and related Agreements. click here: www.alarmcontracts.com *************************** 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. *********************** ALARM ARTICLES: You can always read our Articles on our website at ww.kirschenbaumesq.com/page/alarm-articles updated daily ******************** THE ALARM EXCHANGE - the alarm industries leading classified and business exchange - updated daily ************************* Wondering how much your alarm company is worth? Click here: https://www.kirschenbaumesq.com/page/what-is-my-alarm-company-worth ****************************** Getting on our Email List / Email Articles archived: Many of you are forwarding these emails to friends or asking that others be added to the list. Sign up for our daily newsletter here: Sign Up. You can read articles and order alarm contracts on our web site www.alarmcontracts.com ************************** 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
