KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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How to contract when customer changes name  
April 13, 2026
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How to contract when customer changes name
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Ken,
    When a residential or commercial client changes their name from their personal names to an LLC or Trust, should we send them a new contract in the name of the LLC or Trust?
    Should we start the date of the contract over again?
    Can we add their name to contract or should we?
  Thank you.
Lea
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Response
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    A simple answer becomes complicated with serious consequences depending on what is really going on.  Customer changes his, her, their, its name, that does not require a new contract.  It's the same subscriber if it's really just a name change. Jane Smith changes her name to Jane Roberts because she got married.  XYZ Corp does a name change to ABC Inc.  In either case its the same subscriber; just name change.  No different than if you decided to change the name of your corporate entity.  
    But you may not know if a name change is just that; it may in fact signify that your original subscriber is gone.  Joe's Pizza Inc operates Joe's Pizza.  Joe sells for whatever reason; Joe's Specialty Pizza Inc takes over the store, s seamless takeover and nothing changes, not the phone, the signs, even the licenses on the wall still say Joe's Pizza [they should have the correct corporate name of course, but plenty of new restaurant operators take over and continue to operate under old licenses for a while - not something you should be doing BTW].  It's a different subscriber and you don't have a contract with this new subscriber unless 1) new subscriber signs a new contract or 2) with your permission the old subscriber transfers and assigns the alarm contract and the new subscriber assumes the existing contract, both transferor and transferee signing the Assignment and Assumption Agreement, again, with your consent.
    So the essential issue is whether it's actually a change in person or entity, or really just a name change.  Even with a name change you should exchange at least an email confirming it's just a name change and that would be an email from the customer to you, not your email to the customer unless the customer acknowledges and approves your email.
    Do no work without a contract; not for one minute and definitely not overnight.
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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