KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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should husband and wife both sign contract / webinars / ISC private meetings / sign up NMC / Security Central / Dynamark
March 25, 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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TODAYS WEBINAR
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. Visit us at ISC at booth #16099C
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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JUST ADDED:
Private Meetings with Jennifer Kirschenbaum, Esq
Discuss employment and HR law; complex transactional matters, buy-sell when hedge fund or bank lawyers are involved. Contact Kathleen Lampert at 516 747 6700 x 319 to arrange a meeting.
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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. You can reach Rory direct at dealmaker@afssmartfunding.com and the URL: https://www.afssmartfunding.com/sell-your-security-company/
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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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Private Meetings with Security America: Security America will be at ISC West – Let’s Talk Insurance. For nearly 20 years, Security America has been bringing affordable rates and top notch coverage for your Professional Liability/General Liability, Excess, Umbrella and Cyber needs. Schedule a one-on-one meeting with Rhett Butler to discuss your insurance needs and how Security America can help. We are ready to help you navigate the best options for your business, offering tailored solutions to protect what matters most. We can even provide indications on-site or you can complete an application in advance at https://securityamericains.com/requestaquote/ . We look forward to seeing you in Vegas! 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.
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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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should husband and wife both sign contract
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Ken
Often we get agreements signed for a married couple. We often put in the customer field "Mr. & Mrs. Jon Doe" and one of them signs the agreement.
There are cases (at least I think so) that the wife is the boss and may be offended that she is not really named although she will be signing. So if we put in the customer field "Jane & John Doe, Can only one sign the contract or now do both have to sign?
There's an internal "discussion" about the proper way. What is the proper way?
Jim Long, V. P. Operations
Security Service Company
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Response
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One of the parties being offended is the least of your problems. Think in about you needing to sue them or them suing you. While you may think of them as "one" or as a "team" I don't think that is the case; each is entitled to take their own position. So the question is, what is that position?
One might think that a spouse can act on behalf of both spouses. Years ago I know one spouse would take out an advertisement that he, or she, was not responsible for the spouses debt. I haven't seen anything like that in the longest time.
You make a good argument that if the contract read "Mr and Mrs Jon Doe" your intent is to bind them both. Naming them Jon Doe and Jane Doe doesn't change much. We are still dealing with the legal concept of Principal and Agent. We know an agent can bind a principal. We know that "apparent authority" is one indicia to establish an agent's authority to bind the principal. Does one spouse have the authority to sign on behalf of the other spouse? The issue doesn't often present itself in a way that would rise it as a legitimate question, and the reason for that is that, in my view, two signatures are required. The husband signs his own name. If the wife isn't around and you want it signed you can ask the husband if he can sign on the wife's behalf. But he still has to sign, "Jon Doe signing on behalf of Jane Doe". Whether he has the authority can be contested by Jane Doe, though when and how she contests will make the difference. An immediate objection would likely be sustained. But objecting years into the contract, especially if she uses the alarm and services, signs for repairs or does anything that could be interpreted as acquisesing in or ratifying the contract, will likely end in her being bound by the contract by her "agent" husband.
I guess the question might be whether there is a presumption of agency between husband and wife? The answer is that there is no legal presumption at law, but there may be an implied agency, but that may depend on how the couple comport themselves, and an alarm salesman may not know them well enough to be able to assess the agency relationship.
You are better off getting both spouses to sign; or both adult occupants of a residence. If one is not signing them that person's name doesn't belong on the contract. You shouldn't have Jon Doe and Jane Doe and then have only one of them sign the contract. For sure the one not signing will not be bound. One might argue that the contract isn't even binding because one of the parties hasn't signed yet.
So name them, then get them both or all to sign. If one signs for another, then make sure there is more than one signature and that the person signing indicates he is acting as agent of another when signing for that person.
I hope this won't add to the confusion.
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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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THE ALARM EXCHANGE - the alarm industries leading classified and business exchange - updated daily
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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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