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Licensing - yours and your subcontractors
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Ken
    This is in response to your DIY nationwide  article on licensing on June 22, 2016. 
    Allow me to give my opinion as far as those soliciting contractors nationwide including some on the alarm exchange. If you do not have a license in each state that you are requesting relationships with contractors then you should not be reaching  out to those of us who do contracting work.  My feeling is that my license does not legitimize an unlicensed company to sell services in my state and profit from it.   Additionally how could I bring a suit against
someone in a contract dispute  and win given they are essentially working illegally. I know you are not expected to police the posts but if  nothing else I would like to say, CONTRACTORS BEWARE.
Thanks,
Randy
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RESPONSE
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    This really should not be confusing, and I know from the several calls we received that there is some confusion.  Randy is correct that a subcontractor's license does not somehow, magically, license the company hiring the subcontractor.  If the hiring company is the one entering into a contract with the subscriber, and the transaction falls under the licensing law, then the hiring contractor needs to be licensed.  If the licensing law requires an installing or servicing company to be licenses then the subcontractor needs to be licensed unless the hiring company takes the time to bring the subcontractor's employees under the hiring company's license by treating them as the hiring company's employees and complying with whatever documentation the licensing law requires.  If there is a licensing law then it's probable that both the hiring company and the subcontractor need to be licensed and comply with the licensing law.
    We offer a rather simple Subcontracting Agreement.  It comes in two forms, one if you're the company doing the hiring and the other if you're the subcontractor.  We actually give you both forms when you order the Subcontracting Agreement unless you ask only for one to avoid confusion.  The Subcontracting Agreement starts with the representation that both the hiring company and the subcontractor have the necessary license to perform their services.  
    Licensing laws cover different issues, typically, selling, installing, servicing and monitoring.  Licensing laws can cover different equipment, such as intrusion and fire, cameras and anything low voltage that is intended as security or fire and causes first responders to be notified, by a professional central station or even the subscriber acting upon a signal received to a smart phone.  The point is that if you're entering a jurisdiction you need to know what license is required and if appropriate you need to comply.  
    Our Licensing Department can assist.  First by letting you know whether your intended business model and plan invokes a license requirement.  Second, assisting you getting licensed or finding you someone who is licensed and can qualify for your company.  The relationship of license holder and company is governed by a Qualifier Agreement and I assure you that the agreement is more than a handshake, is not an off the shelf form because each deal between qualifier and company can have unique terms and conditions and each jurisdiction has its own requirements that need to be addressed.  So the third issue we can assist with is preparing the Qualifier Agreement.  To talk to our Licensing Department contact Nicoletta Lakatos,Esq at NLakatos@KirschenbaumEsq.com or 516 747 6700 x 311 or Jesse Kirschenbaum,Esq at Jesse@KirschenbaumEsq.com or 516 747 6700 x 317.  Or call me.

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                                           PERS: SERIES of 4 WEBINARS 
                              WEBINARS - ALL 4 WEBINARS ARE FREE 
HOSTED and moderated by KEN KIRSCHENBAUM, ESQ.,  KIRSCHENBAUM & KIRSCHENBAUM

WEBINARS:  PERS:  Personal Emergency Response Service  / Medical Alert:   Everything you need to know and do to get started with PERS or grow your PERS business to a nationwide operation.  Presented by a leading PERS manufacturer, a central station specializing in PERS monitoring, atttoneys who will address licensing and contract issues and telemarketing issues.  Sign up for each webinar separately.  These webinars are FREE.  You need to register in advance to reserve your spot [attendance is limited] and sign in a few minutes before each presentation.
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Title:  PERS equipment and systems by Essence-USA, a leading manufacturer of PERS equipment
Date and time:  July  6, 2016  12 noon to 1 PM
Place:  your computer
Register here:  https://attendee.gotowebinar.com/register/8091795726955290115
Presented by:  Ritch Haselden, Vice President of Essence-USA.  www.essence-usa.com
Topic:  latest technology in PERS equipment.  Essence, a leading provider of IoT, cloud-based connected living solutions and PERS solutions provides theCare@Home™ Enhanced Telecare Services Platform.  The Care@Home product is An Aging-in-Place product suite that offers a seamless health monitoring experience allowing independence for seniors and peace of mind to their loved ones.
Q&A:  Send your questions in advance to ritchha@essence-usa.com
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Title:  How to Select a PERS Monitoring Center
Date and time:  July  20, 2016  12 noon to 1 PM
Place:  your computer
Register here:  https://attendee.gotowebinar.com/register/5252919376200633603
Presented by:  Mike Zydor, Managing Director of Affiliated Monitoring www.affiliated.com
Topic:  Selecting the right monitoring center for your PERS business is a key to growth
Q&A:  Send your questions in advance to Mike Zydor at sales@affiliated.com
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Title:  Licensing and Contracting for your nationwide PERS operation
Date and time:  July  27, 2016  12 noon to 1 PM
Place:  your computer
Register here:  https://attendee.gotowebinar.com/register/5380922320883276803
Presented by:  Licensing by Nicoletta Lakatos, Esq., licensing counsel at Kirschenbaum & Kirschenbaum; Nationwide PERS Agreement by Jesse Kirschenbaum,Esq., contract counsel at Kirschenbaum & Kirschenbaum.  Moderator: Ken Kirschenbaum
Topic:  Licensing for nationwide PERS.  Agreement needed for nationwide PERS
Q&A:  Send your questions in advance, for licensing to Nicoletta Lakatos at NLakatos@KirschenbaumEsq.com and for contract questions to Jesse Kirschenbaum at Jesse@KirschenbaumEsq.com
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Title:  Telemarketing nationwide 
Date and time:  August 3, 2016  12 noon to 1 PM
Place:  your computer
Register here:  https://attendee.gotowebinar.com/register/3591740925073303811
Presented by:  Matthew Pitts, Director of Legal Compliance, Alliance Security, Rhode Island.
Topic:  state telemarketing licensing; Federal and State Do-Not-Call compliance and call scrubbing; current legislation including the Telephone Consumer Protection Act (TCPA) and the Telephone Sales Rule (TSR); vicarious liability and the use of sales affiliates; recent litigation trends. 
Q&A:  Send your questions in advance to mpitts@alliancesecurity.com