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Comment on thermal cameras / Alarm equipment real or personal property
/ buy-sell webinar today

June 16, 2020
WEBINAR: Sign up for webinar now
Title:  Understanding the buy-sell process
When:  June 16, 2020  12 PM ET
Description:    Webinar will explain the process.  How to prepare for sale (contracts, proper entity, etc), understand RMR, attrition, the NDA process, negotiating the deal, responding to the LOI, due diligence, etc
Presented by:  Mitch Reitman and Dennis Stern,Esq
Hosted by:  Ken Kirschenbaum,Esq
Who should attend:  owners
Comment on thermal cameras from article on June 11, 2020
            I enjoy and appreciate your blog and how you deftly handle the problems and questions posed by those of us involved in the electronic security biz.  And sometimes, deservedly so, how you drop the hammer on those that just don’t get it.
            “Greg”, who evidently either has no last name or is afraid to claim his stupidity, was doing OK with his posting on thermal cameras, until he mentioned the “fake plague”. Perhaps he is so busy running his wildly successful alarm business that he hasn’t had the opportunity to turn on the news; Fox or CNN, his choice. The current “fake” pandemic has infected 2,000,000 of us in the United States and killed 115,000 fellow citizens. And then there are the 418,000 from around the world that have died. Even if a friend of mine had not died from the coronavirus in April, I would be just as passionate about correcting Greg’s twisted perception. Not even Ken’s brilliant contracts can protect you from such stupidity and a failure to understand that this virus that continues to infect thousands of our collective friends and neighbors each day in America is very real. Greg, open your mind and wash your hands.
  Steve Kaufer, CPP
Inter/Action Associates
Palm Springs, CA
            If I thought I could sell a contract to ward off the virus, I would.  Maybe a garlic neckless would sell.  It’s not disbelief in the virus severity that’s frustrating many as much as the worldwide response which has affected the economy.  Hopefully things will get as close to normal as they can very soon, and hopefully everyone will survive the virus and stay safe.  
            The alarm industry is playing its part in this pandemic.  Security systems aren’t much use with the riots going on and police resources stretched to the limits, but that too will hopefully normalize soon.  The thermal camera issue continues to occupy some, but my advice stands, sell the devices; just be careful how you describe them in your contract and have the latest updated protective language in your contract [the Commercial All in One].  
Alarm equipment real or personal property
            In Ohio, Alarm equipment/Access/Security Systems installed is deemed to be Real Property when installed if the panel is tied to and protecting exterior doors and windows and any access on the like is considered Real Property.  If the system is protecting access beyond a lobby or on higher floors or within a building it is considered Personal Property.   Should I modify this clause?  
Jennifer N
            I am not a tax attorney.  Our position is that the taxing authority can view installations and services as it wishes, and tax accordingly.  Our contract language is not for the taxing authority.  All security equip is Personal Property as far as we are concerned and that's what the contract states.  The designation is not binding on the taxing authority [or court for that matter] but will be persuasive when dealing with liability issues that are applied differently for real or personal property.  I didn't read through everything you sent me but I doubt that there was a contract that specified that the equipment remained personalty, and even if there was, as mentioned above, the taxing authority can treat is as realty for tax reasons.   We are not changing the contracts; the equipment remains personalty. 

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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