KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Follow up to Ohio registration fees / using right legal name
October 13 2022
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Follow up to Ohio registration fees from article on September 17, 2022
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Ken,
          Last month I asked you about the Cincinnati Police False Alarm Reduction Unit (FARU) still charging their annual registration fee of $250.00 in light of the successful legal challenge that blocks them from requiring it. In your response you said that the Court of Appeals was very clear in its decision that stated the 807-1-A4 ordinance could not be enforced.
          I forwarded your reply to them. A few weeks later I received word back from Sonya Walker, head of the FARU unit, stating that they will be processing a refund for this fee.
          Any other alarm companies that paid the registration fee this year should contact FARU to inquire about their refund as well. Thanks for your help!
Ron Baumann
Cincinnati, Ohio 
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Response
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          Sometimes people have trouble seeing beyond what they want to see; or, can every statement by open to interpretation?  I think not.  When a document, in this case a court decision, is clear, leaving no room for interpretation, it would be disingenuous to claim ambiguity and continue to pursue a rejected course of action. 
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Using right legal name
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Ken,
          I have a question for you or your newsletter...
          When we have a customer sign your contract, and for example her name is Elizabeth Jones, but we write Beth Jones, is that acceptable? Or should we write the full name?
Thanks
Duane 
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Response
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          A rose by any other name is still a rose.  What’s important is that the signed document identify the parties to the contract with sufficient certainty so that there is little or no room for dispute as to who is to be bound by the agreement.  It’s not necessary to see a birth certificate or passport.  So Elizabeth could sign with “E”, “Beth”, “Liz” or even Mrs or Ms if she wants to.
          When dealing with a legal entity other than a natural person, a corporation or LLC, it’s important to use the full name and it’s more important to identify the person signing for the entity and that person’s authority, generally a title of office.
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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