KEN KIRSCHENBAUM, ESQ

ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Warring parties want access for commercial account / ISC schedule - still time to host a round table
July 10, 2021

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ISC round tables
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           Contact Stacy Spector,Esq at 516 747 6700 x 304 or SSpector@Kirschenbaumesq.com to reserve a spot or initiate your own round table discussion group [we may have a few timeslots opened as of now on Wednesday July 21]
Confirmed round tables:
Monday July 19 from 2-3pm Ron Davis - discussion on selling and listing with broker
Tuesday July 20 from 11 am to 12pm Troy Iverson, Avantguard.  Central station issues and what's new at Avantguard
Tuesday July 20 from 2-3pm  Mitch Reitman.  Selling, taxes and structuring issues
Tuesday July 20 from 4-5PM Morgan Hertel, Rapid Response.  What's new at Rapid and exciting in central station operations
Wednesday July 21 from 10 -11am.  Shawn Iverson, The Insurance Center.  E&O coverage and insurance issues for alarm industry
Wednesday  July 21 from 2-3pm  Open
Wednesday July 21 from 4-5 pm  Open
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Warring parties want access for commercial
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Ken
            When we have a business client sign up and the husband signs the paperwork. But then they split; Wife is looking for things like access to the cameras.  What do we need to be above-board? How do we give Wife access to the system, passwords, etc when all we have is signed paperwork with husband?
            And husband isn't playing nice and doesn't want to share.  Is there some sort of letter from attorney, state, etc that would show her on business that would protect us? 
            They signed the commercial all in one in the business name but signed as husband, not in corporate capacity.
RA
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Response
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            You don't have to be in the position of referee, mediator or marriage counselor.  You also shouldn't have to spend money on your attorneys to figure out what to do, except in this case you were little sloppy so now you think you're in the middle. Why sloppy?  Because you have a commercial customer and the corporate name is listed but you didn't get the signature from the husband as an officer.
            Now what?  Easiest solution is to have the wife sign the contract too and indicate her corporate capacity.
            Any corporate officer is entitled to whatever the corporation is entitled to; access in this case.
            Of course there are other courses of action, such as doing nothing and waiting for a court order, but that's not really a very practical solution and in any event it's the husband and wife who would have the burden of getting a court order and so far neither has taken that fairly expensive legal procedure.
            It's tough to be in the middle because it's a great way to lose the customer, so be careful how you handle it.  Your customers should understand that you shouldn't be in the middle.  Doing nothing unless compelled by court order maintains the status quo, and that's probably the best course of action if warring parties can't agree.
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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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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
516 747 6700
www.KirschenbaumEsq.com