Bewachungsgewerbe - Erlaubnis beantragen

Anyone wishing to guard the lives or property of third parties on a commercial basis requires a permit from the competent authority.

Anyone wishing to guard the lives or property of third parties on a commercial basis requires a permit from the competent authority.

Commercial security is subject to authorization. This includes all activities that are aimed at protecting the lives or property of third parties from interference by third parties. The specific activities covered by the term "guarding" are wide-ranging. These include, among others

• conventional bicycle, vehicle and building security,
• the event service,
• air passenger control,
• the transportation of money and valuables,
• personal protection or
• the guarding of industrial and military facilities and nuclear power plants.

This exclusively involves active surveillance activities by persons on site.

A natural or legal person can be a security company and therefore require a permit. In the case of partnerships without their own legal personality (e.g. OHG, KG), a permit is required for each partner. In the case of legal entities (e.g. GmbH, AG), the permit is issued to the legal entity.

They may only employ persons (guards) to carry out security tasks who have the necessary reliability and can prove by means of a certificate from the Chamber of Industry and Commerce that they have been instructed in the legal and technical principles necessary for the exercise of the trade and are familiar with them. For the performance of certain activities (e.g. the guarding of asylum reception facilities and the guarding of large events with protected access, in each case in a managerial capacity), proof of a successfully passed examination of expertise before the Chamber of Industry and Commerce is required instead of proof of the aforementioned instruction.

The permit may be subject to conditions insofar as this is necessary to protect the general public or the client; under the same conditions, the subsequent inclusion, amendment and addition of conditions is also permitted.

Commercial guarding is subject to authorization. Guarding within the meaning of Section 34a of the Trade, Commerce and Industry Regulation Act (GewO) refers to activities aimed at protecting the lives or property of third parties from interference by third parties. The specific activities covered by the term "guarding" are wide-ranging. These include, among others

• conventional bicycle, vehicle and building security,
• the event service,
• air passenger control,
• the transportation of money and valuables,
• personal protection or
• the guarding of industrial and military facilities and nuclear power plants.

Guarding requires an active custodial activity (e.g. supervision or checks). The guarding must consist of human activity.

A guarding contractor can be a natural or legal person. In the case of partnerships (e.g. OHG, KG), the trader is any managing partner. In the case of legal entities (e.g. GmbH, AG), the permit is issued to the legal entity.

• Copy of identity card or passport with registration certificate, or presentation on site. For legal entities for all natural persons authorized to represent them

• Proof of personal reliability
  • If resident in Germany:
    • Extract from the central trade register for submission to an authority in accordance with Section 150 (5) of the Trade, Commerce and Industry Regulation Act
    • Certificate of good conduct for submission to an authority (document type O)
  • If resident abroad: documents from the home country that prove personal reliability
• Proof of the legal form of the company
  • if the company is based in Germany:
    • For companies entered in a register: Extract from the commercial, cooperative or association register
    • otherwise a copy of the articles of association (e.g. for a civil law partnership (GbR))
  • If the company is based abroad: documents from the country of domicile that prove the legal form.
• Proof of orderly financial circumstances, e.g:
  • Current certificate in tax matters from the responsible tax office (to be submitted in the original); if applicable, certificate in tax matters from the local tax office
  • Extract from the debtor register of the central enforcement court
  • Submission of a statement of assets
  • Information from the insolvency court as to whether proceedings have been opened (so-called negative certificate)
• Proof of personal expertise: Proof of expertise must be provided by the trader and the persons entrusted with the management of the business or its branch; in the case of legal entities, the legal representatives must possess the expertise if they are directly involved in the performance of security tasks or if no person entrusted with the management of the business or a branch has proof of expertise; in the case of partnerships, the managing partners must provide proof of expertise

• Proof that the required liability insurance has been taken out

In order to verify the necessary requirements (in particular personal reliability), the competent authority may request further documents and obtain statements from other authorities (e.g. police, State Office of Criminal Investigation, Office for the Protection of the Constitution).

• Copy of identity card or other official identification document for all natural persons authorized to manage the company
• Proof of personal reliability
  • If resident in Germany:
    • Extract from the central trade register
    • Certificate of good conduct for all natural persons authorized to manage the company
  • If resident abroad: documents from the home country that prove personal reliability
• Proof of the company's legal form
  • if the company is based in Germany:
    • For companies entered in a register: Extract from the commercial register or the partnership register
    • otherwise a copy of the articles of association (e.g. for a civil law partnership (GbR))
  • if the company is based abroad: documents from the country of domicile that prove the legal form.
• Proof of orderly financial circumstances
  • Current certificate in tax matters from the responsible tax office (to be submitted in the original); if applicable, certificate in tax matters from the municipal tax office
  • Extract from the debtor register of the central enforcement court
  • Submission of a statement of assets
  • Information from the insolvency court as to whether proceedings have been opened (so-called negative certificate)
  • Proof of the funds required for the business or corresponding collateral
• Proof of personal expertise for all natural persons authorized to manage the business: Submission of proof of the prescribed instruction, successful completion of the examination of expertise or proof recognized as equivalent
• Proof that the required liability insurance has been taken out
• In order to verify the necessary requirements (in particular your personal reliability), the competent authority may request further documents and obtain statements from other authorities (e.g. police, State Office of Criminal Investigation, Office for the Protection of the Constitution).

In order to obtain a license in accordance with the trade regulations, you must

• have the necessary reliability for the business operation.
• live in orderly financial circumstances.
• prove your personal expertise and the expertise of the person appointed to manage the business or a branch office by successfully passing an examination of expertise or an equivalent qualification at the Chamber of Industry and Commerce and
• provide proof of the required liability insurance.

The personal licensing requirements (reliability, orderly financial circumstances, successful completion of an expert examination) must be met by the trader or the legal representatives of a legal entity. The necessary expertise must also be proven for a person appointed to manage the business or a branch office.

You may only employ persons (guards) to carry out security tasks who have the necessary reliability and can prove by means of a certificate from the Chamber of Industry and Commerce that they have been instructed in the legal and technical principles necessary for the exercise of the trade and are familiar with them. For the performance of certain activities (e.g. the guarding of asylum reception facilities and the guarding of access-protected major events, in each case in a managerial capacity), proof of a successfully passed examination of expertise before the Chamber of Industry and Commerce is required instead of proof of the aforementioned instruction.

• You have the reliability required for commercial operations.
• You live in orderly financial circumstances.
• You have
  • proof of your personal expertise by successfully passing an examination of expertise before the Chamber of Industry and Commerce or an equivalent qualification and
  • proof of the required liability insurance.

The personal licensing requirements (reliability, proof of successful completion of an expert examination) must be fulfilled by the trader or the legal representatives of a legal entity.

The following security activities require the successful completion of an expert examination:

• Patrols in public traffic areas or in domestic areas with actual public traffic;
• Protection against shoplifters;
• Guarding the entrance area of nightclubs;
• Guarding reception facilities in accordance with Section 44 of the Asylum Act, shared accommodation in accordance with Section 53 of the Asylum Act or other properties and facilities that are used for the official accommodation of asylum seekers or refugees, including temporary accommodation, in a managerial capacity;
• Guarding large events with protected access in a managerial capacity.

Is based on the respective administrative fee schedule of the federal state or on the fee statutes of the authorities responsible under federal state law.

The amount of the fees depends on the relevant fee statutes of the competent authority or on the statutory regulations of the federal state.

You must apply for the permit from the competent authority.

Once you have submitted the application and all documents are complete, the competent authority will check whether you meet all the requirements.

If you meet all the requirements, you will receive the permit.

You may only start your activity once you have received the permit.

In the case of legal entities (e.g. limited liability companies, business companies, public limited companies, registered cooperatives), you only need to complete the application form for the legal entity itself. You must submit all personal documents for all natural persons authorized to represent you (e.g. identity card). For the legal entity, you also need an extract from the central trade register.

Partnerships (GbR, KG, OHG, PartG, GmbH & Co. KG) are not eligible for authorization as such. Therefore, each managing partner requires a permit. You must submit a completed application form and all personal documents for each of these persons.

You must apply for the permit from the responsible office.

In the case of legal entities (limited liability companies, business companies, public limited companies, registered cooperatives), you only need to complete the application form for the legal entity itself. You must submit all personal documents for all natural persons authorized to manage the business (e.g. identity card). For the legal entity, you also need an excerpt from the central trade register.

Partnerships (GbR, KG, OHG, PartG, GmbH & Co. KG) are not eligible for a license as such. Therefore, each managing partner requires a permit. You must submit a completed application form and all personal documents for each of these persons.

If the documents are complete, your application will be processed promptly.

none

If you have not resided in Germany or the EU in the last 3 years and therefore your "reliability" cannot be sufficiently checked, you cannot obtain a permit.

You must register the persons you wish to employ as security guards or appoint to manage the business or a branch office with the competent authority via the security guard register prior to employment.

At the request of the authorities, the persons concerned must provide the information required to monitor business operations. Furthermore, the authorities are authorized to enter the business premises in order to carry out inspections and visits.

Violation of the licensing requirement and violation of an enforceable condition or an enforceable order prohibiting the employment of a person due to unreliability can be punished as administrative offenses with a fine. Breaches of obligations in connection with the employment of persons are also considered administrative offenses.

The security company must report the security guards to the competent authority responsible for the respective branch of the security company.

The authorities have rights of information and inspection vis-à-vis traders pursuant to Section 34a GewO in accordance with Section 29 GewO. At the request of the authorities, the parties concerned must provide the information required to monitor business operations. Furthermore, the authorities are authorized to enter the business premises in order to carry out inspections and visits.

• Appeal (depending on national law, the appeal may be excluded)
• Administrative court action

• Security services - applying for a permit
• Applicants require a permit for activities in the security industry;
• This requires, among other things, proof of the applicant's personal reliability and orderly financial circumstances;
• the applicant and all persons entrusted with the management of the business or a branch office must provide evidence of the expertise required to exercise the security business ;
• in the case of legal entities, the legal representatives must possess the expertise if they are directly involved in carrying out security tasks or if no person responsible for managing the business or a branch office has a certificate of competence;
• liability insurance must be in place
• responsible: Responsibility depends on the respective state law

• Security services permit
• You need a permit to work in the security industry
• among other things, proof of personal reliability and orderly financial circumstances are required
• Proof of expertise must be provided for certain guarding activities
• Liability insurance must be in place
• Responsible: Municipality/city or district office

In Rhineland-Palatinate, the local trade offices are responsible.

Alternatively, you can contact the Single Point of Contact in Rhineland-Palatinate.The Single Point of Contact is a public body through which you can handle all administrative procedures and formalities required for the commencement and exercise of your service activity and for the recognition of a foreign professional qualification. Further information can be found on the website of the Point of Single Contact.

• Online procedure possible: yes (if available)
• Written form required: no
• Personal appearance required: no