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Comment on signals traveling outside USA / do you need office in your state to comply with license

January 27, 2024
Comment on signals traveling outside USA from article on January 10, 2024
          Tell "Same Old Song with a different tune!" that there is technology which is evidently over his head. Maybe he is the one who should educated himself before harping at others?
  Anon, Please
          This issue is still unresolved though apparently not getting the attention when first raised. 
do you need office in your state to comply with license
          Alarm license laws differ from state to state.  One issue that is often addressed is whether you need a physical office in the state in order to get and maintain the license.  New Jersey is typical of other states; it requires a physical office or a power of attorney authorizing the licensing AHJ [Committee] to receive “original process” on behalf of the licensee. 
          The statute reads as follows:
§ 13:31A-3.5 Burglar alarm or fire alarm business license holder requirements
(a) A burglar alarm or fire alarm business license holder shall:
1. Maintain at least one business office within the State or file with the Committee a statement, duly executed and sworn to before a person authorized by the laws of New Jersey to administer oaths, containing a power of attorney constituting the Committee as the true and lawful attorney of the licensee upon whom all original process in an action or legal proceedings against the licensee may be served and in which the licensee agrees that the original process that may be served upon the Committee shall be of the same force and validity as if served upon the licensee and that the authority thereof shall continue in force so long as the licensee engages in the burglar alarm or fire alarm business in the State;
          The purpose of this statute is to ensure that the licensee is subject to personal jurisdiction in the state.  It’s a reasonable requirement for a person or business entity to conduct a licensed business within the state.
          Another example, in New York you actually need an office.  [K&K serves as a “secondary office” for many alarm license companies – contact K&K’s License Coordinator Eileen Wagda at 516 747 6700 x 312 or if you need that service.]
          Pertinent parts of the New York license law follow:
7. A license to conduct the business of installing, servicing or maintaining security or fire alarm systems shall be conspicuously posted upon the premises where the licensee is engaged in the business of installing, servicing or maintaining security or fire alarm systems
11. Notice in writing shall be given to the Secretary of State at his office in Albany by the holder of a license to conduct the business of installing, servicing or maintaining security or fire alarm systems of any change in address of the business or residence of the person engaged in such business together with the return of license, whereupon a properly signed endorsement will be made on the face of the license as to such change and the license then returned to the licensee. A change of address by a licensee without such notice and endorsement of license shall operate to cancel the license      
§195.5 License must be displayed (a) The license to engage in the business of installing, servicing or maintaining a security or fire alarm system shall be conspicuously displayed at the principal location. A photocopy of the business license issued to the principal location must be conspicuously displayed at each secondary location of the business. (b) Licensee shall maintain, at the principal office, a current list of all such secondary locations. (c) Licensee shall file with the Department of State, by registered or certified mail, the location of such secondary locations, within five business days of their opening. (d) Licensee shall post the name of the person in charge at each business location.
§195.10 …
(d) A business which is licensed to install, maintain or service security or fire alarm systems must maintain employee and business records at a central location within New York State. This is applicable to all company and personnel records pertaining exclusively to the conduct of business in this state.
          So in New York the office requirement is somewhat obscured but nevertheless, still there, and the AHJ [Division of Licensing Services at the Department of State] strictly enforces the license requirements [as does New Jersey and many other states]. 
          K&K can assist with your license issues from finding and contracting with a Qualifier to disciplinary action by the licensing authority for license violations.  Contact Ken Kirschenbaum directly.

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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