KEN KIRSCHENBAUM, ESQ ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE You can read all of our articles on our website. Having trouble getting our emails? Change your spam controls and white list ken@kirschenbaumesq.com ******************************* More on is it greedy to enforce contract / Texas license law changes August 27, 2019 *********************** More on is it greedy to enforce contract from article on August 22, 2019 ********************** Ken, When I read the negative feedback you received, I felt that I needed to speak out to you at least! Ken, you are a very present help to the alarm industry! I use your knowledge and experience, as well as the useful comments from others, regularly printed in the newsletter all the time. Don’t let the negative comments you receive discourage you one bit! I send my appreciation and many thanks to you Ken for all you’ve contributed to this industry! I wish I would have known you sooner! Alarm contracts? To my knowledge, we don’t hide the terms of the contract from the customer. As the newsletter so clearly stated, the signed contract is the value of one’s business. We’ve seen that if you keep your customer happy, they will be quite loyal to you for a long time. Provide all your contacts with truthful knowledge and “good old fashioned customer service” from the very first day you talk with them whether they become customers or not. They may become a customer in the future. There are large numbers of unhappy customers out there just looking for a professional business to sign up with! Collect money from a signed contract seems greedy? Well yes, collect the money. We’re not a nonprofit business! Remember this, signing contracts and spending money are not too painful for happy customers! Some businesses close their doors and some homes change owners and I understand all of that too. My thoughts on the alarm business! The alarm industry is a passion for me and I enjoy providing the much needed professional services to our society without discrimination. It is more than a job to me! When I was around 12 years old, my father told me to study electronics because it is the future. I told him okay but I also want to help people have better lives too! The alarm industry has been a great choice for me. Now after more than 40 years at the same company, there are numerous people in my life who are very grateful for the professional services we have provided them. I’ve also met some truly amazing people and have seen some awesome looking places both natural and manmade. This is mainly why I’m still at work today with no end in sight and I thank my Lord above! Many people I know have retired but I have “no desire to retire” just yet. Maybe one day someone will step up to fill my shoes and I’ll be wise enough to accept that. Should I have retired earlier in life? Well no…that just sounds too selfish for me I guess! When that day comes for me to retire, I’ll surely have a lot of great memories to look back on! Now if I can just get my boss to remember my name and show me some appreciation. Ha-ha, now I’m dreaming! Keep up the good work my friend! Thank you again, Terry Crandall ******************** Ken, Your posts give many benefits to our industry members and to me when I can address industry members who obviously want others to make them successful without giving anything back. I am responding to “Name withheld to protect the innocent” from Westchester County, NY. First he attacks your motives, granted you are in the business of selling contracts, we all know this, but he/she overlooks the benefit to his business when he decides to sell. Maybe he should send you the 6% commission for increasing his value. BUT HE WON’T. To #1, he looks to government to solve his fears. Last I looked we as an industry does better without the heavy hand of government in our affairs. Adding a test timer to an account is a small expense to gain assurance in your operations and could be a major sales advantage over companies that don’t care. And speaking of governmental intervention is his item number 3, there is no-where in this country where government enforcement meets the expectations of industry members. Fact is that all of our Laws are based on good people doing the right thing, from J walking to murder, enforcement is after the fact and with the limited resources, murders come first and installing an alarm system without a license comes last. Complaining here in your blog does nothing to further the interests of our industry. Now to NUMBER 2, which is why I even bothered to reply. I would suggest that he/she stop being his own attorney on his nest collection case and hire a professional and learn how to argue before a Judge. Your contracts make it very clear as to who is responsible and (unless he altered the contract) what the expectation of the alarm company is. You also make provision for a discount for unearned income (again, unless it is altered). If this industry member was a member of the local chapter of the ESA of NY he would have seen your webinars you have done for us, or attended a meeting that you attended where no topic is off limits, just like this blog. We in Westchester County are very lucky that you are only one hour away and always willing to attend a meeting. Obviously you can’t travel for hours for free. I have never lost a claim or collection case when I had your contract in my hand. Finally, to promote my company, USA Central Station Alarm Corp (listed on the Alarm Exchange) I freely share my experience and knowledge with my customers (or potential customers) every day. The writer is obviously not one of my many customers in Westchester County. But this writer should feel to call me or my V.P. of Sales, Sharon Elder at 833-422-2300 or Sharon.elder@usacs.net Bart A. Didden, President U.S.A. Central Station Alarm Corp. Port Chester, NY Milford, CT St. Paul, MN 877-872-1266 ******************** Texas license law changes [thanks to Dan Singleton for bringing this to our attention] ********************* Important license changes effective September 1, 2019. Please visit http://www.dps.texas.gov/rsd/psb/index.htm for additional information.
Alarm Salesperson, Branch Office Manager, Employee of License Holder, Security Consultant, Security Salesperson, and Guard Dog Trainer will no longer be regulated. Pocket cards will no longer be required or issued for these registrations. Applications, including renewals and employee information updates for these registrations will no longer be required.
What happens to my license on September 1, 2019? All Alarm Salesperson, Branch Office Manager, Employee of License Holder, Security Consultant, Security Salesperson, Guard Dog Trainer registrations will expire and a pocket card will no longer be required for these registrations.
What if I have submitted an application for one of the above licenses before September 1, 2019? Applications received prior to September 1, 2019, will be processed. Application fees are non-refundable and will not be prorated or refunded. Applications that have not completed will be abandoned.
My license is about to expire or has expired. Should I submit an application? The new laws do not take effect until September 1, 2019. Until this date, compliance with current law is still required. Applications submitted between now and August 31, 2019, will be processed. After August 31, 2019, the option to apply for the affected licenses will no longer be available. Application fees are non-refundable, and will not be prorated or refunded. Applications that have not completed will be abandoned.
SOME Q AND A
Qualified Managers and Supervisors Effective September 1, 2019, Qualified Managers and Supervisors will no longer be regulated and pocket cards will no longer be required or issued for these registration types. All Qualified Manager and Supervisor registrations that have not already expired will expire on September 1, 2019.
If the business is a sole proprietorship, the owner must have the experience required and pass an examination to qualify for the business license.
If the business is a partnership or corporation, a partner or shareholder who owns at least a 25% interest in the company, or an officer who oversees the regulated services of the company must be designated as the company representative. The company representative will be the individual to whom the department may direct all correspondence and on whom the department may rely to ensure the company’s compliance with all rule and statutory requirements. The company representative will also be the individual who meets experience requirements and who must pass the examination.
Owners, Partners, or Shareholders Individuals holding less than a 51% interest in a company will no longer be issued a pocket card as an Owner, Partner, or Shareholder. Individuals holding less than a 51% interest in a company who wish to perform regulated services on an individual basis will need to apply for and obtain an individual license.
Individually licensed owners may perform any unarmed regulated service the company is licensed to offer. Any armed services a licensed owner wishes to perform in an individual capacity will require a security officer commission, and a personal protection officer license if applicable.
Who is required to submit an individual owner license application as part of a business application? Individuals holding a 51% or more interest in the company will be required to submit an individual application as an owner.
Who will receive an owner pocket card? Only an owner with a 51% or more interest in a company can be individually licensed as an owner and can receive an owner pocket card. The partner and shareholder designation will be replaced with the owner designation on the pocket card.
Who is required to submit fingerprints for a background check? Each owner, partner or shareholder who owns at least a 25% interest in the applicant, and any officer who is to oversee the regulated aspects of the business, must submit fingerprints. Depending on the individual’s licensing status at the time of submission, the background check fee may be required. Failure to pass a background will result in denial of the business application or suspension of the business license.
Will a licensed company be required to have a qualified manager? No, qualified managers and supervisors will no longer be required. The services of managers are no longer regulated. However, companies must designate a company representative who meets the experience requirements and passes the company representative examination.
Who can be a company representative? An owner, partner, or shareholder who holds a 25% or greater interest in the company, or an officer who oversees the regulated services of the business, can be a company representative. The company representative must meet the experience requirements and pass the company representative examination.
Are there changes to the experience or examination requirements? No. The requirement for an individual to have experience in the services the company offers or to pass the examination has not changed.
Can a business have more than one company representative? Yes. In the event the primary company representative does not meet the experience requirements for all regulated services the business provides, the business may designate additional company representatives who meet the experience requirements.
Will the company representative receive a pocket card? No. The company representative is not a license type and the individual will not receive a pocket card in his or her capacity as the company representative.
Does my licensed company need to appoint a company representative on September 1, 2019 if I have a qualified manager? No, those managers whose registrations will expire on September 1 may continue to function as their company’s representatives until September 1, 2020, or when the company license expires, whichever is later. Instructions regarding this process will be posted on this website at a later date. ******************** To order up to date Standard Form Alarm / Security / Fire and related forms, click here:www.alarmcontracts.com ************************* CONCIERGE LAWYER SERVICE FOR THE ALARM INDUSTRY PROGRAM 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. *********************** NOTICE: You can always read our Articles on our website at ww.kirschenbaumesq.com/page/alarm-articles *********************** THE ALARM EXCHANGE
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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
