KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Missing Notice of Cancellation / webinars / ISC meetings - sign up for next weeks webinars: Mitch Reitman, Fieldhub, Microkey, Actuate
March 14, 2025
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Webinars: All webinars will be recorded and available on the K&K website at https://www.kirschenbaumesq.com/page/alarm-webinars and are available on Podcasts at https://podcasts.apple.com/us/podcast/ken-kirschenbaum-presents/id1794851477
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March 18, 2025 noon Mitch Reitman. Accounting and tax issues
Mitch Reitman, Reitman Consulting MReitman@Reitman.US 817-698-9999 ext.101 http://WWW.Reitman.US
Presenter: Mitch Reitman
Hosted by: Ken Kirschenbaum
Topic: Sales Tax and Entity Selection for Security, Fire, and Integration Companies.
Did you know that many states have special rules regarding sales tax for burglar and fire alarm monitoring service? Don’t feel bad, neither do most accountants. States may also have special provisions for commercial install, service, inspections, residential install, interactive service, cellular units, and a host of other services. One thing that is consistent, and for certain, is that if your company doesn’t treat a sales tax situation the proper way, the State will most certainly expect your company, not your customers, to pay the tax.
Mitch Reitman will discuss sales tax and the alarm and integration industry. You will learn the difference between tax code, interpretations by taxing authorities, case law, and technical rulings. Sales tax audits are much more common then IRS Audits. Even if you have gotten some bad advice, being in compliance when the auditor walks in the door can save you a lot of grief.
Hopefully you have chosen the correct entity (Corporation, LLC, Limited Partnership, etc…) for legal protection for your company. Did you know that the IRS looks at each entity differently. Did you also know that it is possible to be taxed as a different entity in some situations, and that this can lessen your chances of an audit? Mitch will give you some insight into proper entity selection for tax purposes based upon your mix of business.
Register Here: https://attendee.gotowebinar.com/register/6702706891533205338
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March 19, 2025 noon ET Fieldhub: software for security and fire alarm integrators
FieldHub: www.fieldhub.com
Presenter: Miles Fawcett, CEO of FieldHub
Hosted by: Ken Kirschenbaum, Kirschenbaum & Kirschenbaum
Topic: Learn all about Fieldhub’s all-in-one software built specifically for security and fire installers and integrators. FieldHub handles a huge range of key functions, including accounting, RMR billing and invoicing, as well as being a very strong CRM and dispatching platform, among other things! Sign up for the webinar and come meet the FieldHub team at booth #31087 at ISC West.
Register Here: https://attendee.gotowebinar.com/register/7273615110028492128
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March 20, 2025 noon ET Microkey: software solutions for alarm dealers
Microkey: www.microkey.com
Presenter: Victoria Ferro, President of Micro Key Solutions.
Hosted by: Ken Kirschenbaum, Kirschenbaum & Kirschenbaum
Topic: Micro Key Solutions: Your Key to Profitability & Performance. 40 Years of Innovation – Built for Alarm Dealers Like You. "The Industry is Changing – Are You Ready?" Meet us at ISC West Booth 35056.
Register Here: https://attendee.gotowebinar.com/register/6639386016801826908
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March 21, 2025 noon ET Actuate: remote video monitoring
Actuate: www.actuate.ai
Presenter: Brian Karas - Brian.karas@actuate.ai
Hosted by: Ken Kirschenbaum, Kirschenbaum & Kirschenbaum
Topic: Actuate AI. How to drive growth and efficiency in your remote video monitoring portfolio by reducing spam events and adding new video monitoring options. Actuate will be in the AI Discovery Zone at ISC West and is hosting exclusive events for monitoring stations and dealers in the video monitoring business. Contact Brian Karas direct at 603-315-7877 or Brian.karas@actuate.ai
Register Here: https://attendee.gotowebinar.com/register/5007385305740522592
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March 24, 2025 noon ET NMC: professional monitoring center
National Monitoring Center: www.nmccentral.com
Presenters: Tatiana Abramek, Senior Sales Executive with special guest Nicola Oakie, Vice President of Sales, Netwatch North America
Hosted by: Ken Kirschenbaum, Kirschenbaum & Kirschenbaum
Topic: Learn about National Monitoring Center’s leading proprietary technology to bring innovative solutions. Contact Tatiana Abramek, Senior Sales Executive, NMC, at 949-877-226 or tabramek@nmccentral.com and Nicola Oakie, Vice President of Sales, Netwatch North America
at 702-816-1974 or noakie@netwatchusa.com
Register Here: https://attendee.gotowebinar.com/register/4188331606419621213
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March 25, 2025 noon ET Security Central: professional monitoring center
Security Central: www.security-central.com
Presenter: TBD
Hosted by: Ken Kirschenbaum, Kirschenbaum & Kirschenbaum
Topic: Learn about Security Central’s cs operation and why you should have your accounts with us
Register Here: https://attendee.gotowebinar.com/register/3887630569385895772
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March 27, 2025 noon ET Dynamark: professional monitoring center
Dynamark: www.dynamarkmonitoring.com
Presenter: Trey Alter, CEO. talter@dynamarkmonitoring.com 301-745-1602
Hosted by: Ken Kirschenbaum, Kirschenbaum & Kirschenbaum
Topic: The Future of Monitoring: Evolution or Revolution: A look into the changing dynamics of monitoring centers including size, service offerings, technology, and pricing. Also, a special section on how technology is changing the way monitoring centers, dealers, and their customers communicate with one another. Find out how Dynamark has evolved and the investments it is making for the future. Dynamark is hosting dinners in Las Vegas instead of a booth and to participate or arrange visit to either of Dynamark’s monitoring centers contact Trey Alter at 301 745 1602 or talter@dynamarkmonitoring.com.
Register Here: https://attendee.gotowebinar.com/register/4864481779478912605
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Private and Group FREE meeting - schedule now available
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Schedule a free private meeting while at ISC. Meetings will be at the Prestige Lounge at the Palazzo. Time is limited so book now. Contact Kathleen Lampert at 516 747 6700 x 319; for last minute booking or to change appointment while at ISC contact Stacy Spector at 516 987 8428.
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Private Meetings with Ken Kirschenbaum, Esq.
Discuss contracts, buying and selling, legal and business issues, disputes, or just come and meet Ken in an informal setting.
Contact Kathleen Lampert at 516 747 6700 x 319 to schedule your free appointment
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Private Meetings with Rory Russell of AFS:
Schedule a private meeting with Rory Russell of Acquisition and Funding Services (AFS) to discuss buying or selling security, fire and integration business. Contact Kathleen Lampert at 516 747 6700 x 319 to arrange a meeting. You can contact Rory direct at 518-366-5111. At ISC you can also contact Stacy Spector to schedule last minute appointment or change an appointment with Rory. Call Stacy Spector at 516 987 8428.
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Private Meetings with Mitch Reitman, President of Reitman Consulting Group Inc. Discuss accounting, tax, due diligence, valuation issues. Contact Kathleen Lampert at 516 747 6700 x 319 to schedule your free appointment. At ISC you can also contact Stacy Spector to schedule last minute appointment or change an appointment with Mitch. Call Stacy Spector at 516 987 8428. You can reach Mitch at MReitman@Reitman.US or 817-698-9999 ext.101 http://WWW.Reitman.US
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Group Meetings: See schedule below. Space limited. Reserve your spot by calling Kathleen Lampert at 516 747 6700 x 319 or Stacy Spector at 516 987 8428.
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April 1. Group Meeting: 11:00 am to 12:00 pm - Selling and buying alarm accounts; Things to know. Group Meeting conducted by Ken Kirschenbaum.
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April 1. Group Meeting: 2:00 pm to 3:00 pm – State sales tax and complex company valuation. Group meeting conducted by Mitch Reitman of Reitman Consulting Group
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April 2. Group Meeting: 10:00 am to 11:00 am - "Selecting the best insurance carrier and what is trending with claims"
Learn for yourself the differences of various insurance carriers. Understand why some are better than others. We will discuss what is trending with claims in the security industry and tips to limit your liability when an incident arises. Group meeting conducted by Shawn Iverson of The Insurance Center. You can also meet Shawn at The Insuarance Center booth.
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April 2. Group Meeting: 11:00 am to 12:00 pm – Contracts – which ones you need and why you need them. Group meeting conducted by Ken Kirschenbaum.
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April 3. Group Meeting 11am to 12 pm. Buying or selling your security business. Group meeting conducted by Ken Kirschenbaum.
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Missing Notice of Cancellation
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Ken,
Missing Notice of Cancellation.
As a buyer of alarm contracts from other dealers, I ponder this question about our obligations. I suspect there are many such time bombs lurking out there.
As we know, dealers are required to provide a 3 or 5 day "Notice of Cancellation" form, in duplicate, to residential Subscribers.
The statutory "Notice of Cancellation", on its face, states that the dealer shall provide, within 10 days, refund of all monies paid by Subscriber under the accompanying alarm agreement. Also states that Subscriber shall make available to the dealer for a period of 20 days whatever materials dealer has provided.
Can you please opine on the effects of an alarm dealer failing to have provided the "Notice of Cancellation" to a residential Subscriber, when the dealer's failure to provide such notice is discovered sometime after the installation has been completed, and monitoring service has been provided for some significant period of time, and my company now owns the alarm service agreement.
This deal was done under previous management, so please don't tell me about the Concierge Program; you didn't offer it back then.
Scenario: Subscriber makes the discovery that the "Notice of Cancellation" was never provided, is unhappy for whatever reason, and Subscriber notifies the dealer of their election to cancel the alarm service agreement.
In addition to stopping the monitoring service, obviously, are we obligated to automatically refund the amounts Subscriber had previously paid for the installation, and/or for the monitoring services previously provided?
And can the dealer be in trouble should we ignore the refund obligation pursuant to the cancellation notice?
Has your office dealt with this situation before?
ANON, please
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Response
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The right to cancel a consumer contract is ubiquitous in all states. While the notice of cancellation and cancellation form may vary state to state they share common issues so that the question, and this response, is applicable to all states.
The most common notice is the 3 day right to cancel, but no matter the time period to cancel, the consequence of failure to comply is the same. A consumer has 3 days to cancel, for any reason, starting when presented with 1) a fully executed copy of the consumer contract and 2) the Cancellation Form, filled out and dated by the contractor. While a Judge might excuse the failure to give the notice in a particular situation the general rule is that failure to give the notice permits cancellation, any time for any reason. This can have severe consequence to the contractor who may have completed a full installation and activation and made alteration to the premises [holes and whatnot] they will need to be restored when the equipment is removed.
Some buyers of alarm accounts are sensitive to this issue and require proof of compliance as well as a representation and warranty of such compliance. If it turns out that an account cancels because of non-compliance the seller would be responsible, and this would be in addition to the “hold back” which is intended for attrition, not misrepresentations. Of course you can be protected in the transaction, if you and your attorney know what to look for.
There is a more serious issue with non-compliance than loss of particular account. Pervasive and persistent failure to comply with this consumer law might come to the attention of the state Attorney General or licensing agency and there could be severe consequences including monetary, suspension or revocation of the alarm license to prohibiting the company to operation in the state, perhaps permanently.
Trust me, it’s easier to comply than buck the system on this one. You get all the forms you need when you purchase the Standard Form Agreements, and you get all the guidance and legal work you need when you engage K&K, as Concierge Client [with significant benefits] or regular client.
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STANDARD FORM AGREEMENTS: To order up to date Standard Form Alarm / Security / Fire and related Agreements click here: www.alarmcontracts.com
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CONCIERGE LAWYER SERVICE PROGRAM FOR THE ALARM INDUSTRY - You can check out the program and sign up here: https://www.kirschenbaumesq.com/page/concierge or contact our Program Coordinator Stacy Spector, Esq at 516 747 6700 x 304.
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WEBINARS: https://www.kirschenbaumesq.com/page/alarm-webinars
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ALARM ARTICLES: You can always read our Articles on our website at www.kirschenbaumesq.com/page/alarm-articles updated daily
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Wondering how much your alarm company is worth?
Click here: https://www.kirschenbaumesq.com/page/what-is-my-alarm-company-worth
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THE ALARM EXCHANGE - the alarm industries leading classified and business exchange - updated daily
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PODCASTS: https://podcasts.apple.com/us/podcast/ken-kirschenbaum-presents/id1794851477
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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
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