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Addressing an Alarm Company’s Name Change in Contracts

Ken Kirschenbaum advises readers on how to address changes in contracts after modifying the company's name..



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Question:

Ken,

I changed my name from Alarm Company 24/7 Inc. to Total Alarm Services Inc. dba Alarm Company 24/7. I still tell everyone I am Alarm Company 24/7. I completely removed the “Inc.” off everything. How should I change my contracts? Do I have to state Total Alarm Services Inc. dba Alarm Company 24/7? Or, can I just state Alarm Company 24/7?

Best Regards,

J

*****************
Answer:

It’s important that your contracts and other paperwork conform to your license and your actual corporate name. If you conduct business under a “fake” name, then you expose yourself to personal liability. You don’t want to take the chance that anyone has been misled by your intentional or negligent misrepresentation of your name.

If your state permits a corporation to use an assumed name — and probably all do — then you need to comply with the filing requirements. Once you do, then you can use only the assumed name. Be sure that name is the designation used for your license.

When we prepare and send you our Standard Form Contracts that we customize, unless requested otherwise, we will put the assumed name on the top of the contract and we will put the full corporate name and dba at the signature line.


Article Topics
Blogs · Ken Kirschenbaum · Laying Down the Law · Rebranding · All Topics

About the Author
Ken Kirschenbaum
Security Sales & Integration’s “Legal Briefing” columnist Ken Kirschenbaum has been a recognized counsel to the alarm industry for 35 years and is principal of Kirschenbaum & Kirschenbaum, P.C. His team of attorneys, which includes daughter Jennifer, specialize in transactional, defense litigation, regulatory compliance and collection matters.
Contact Ken Kirschenbaum: ken@kirschenbaumesq.com
View More by Ken Kirschenbaum
Ken Kirschenbaum, Laying Down the Law, Rebranding


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