Source: BUS Sachsen-Anhalt (Linie6PLus)

Applying for a permit for guarding

Description

Commercial guarding is subject to a permit. Guarding within the meaning of § 34a of the Industrial Code (GewO) is understood to mean the activity aimed at protecting the life or property of strangers from interference by third parties. The specific activities covered by the term "guarding" are wide-ranging. This includes, among others:

conventional bicycle, motor vehicle and building security,
the event service,
passenger control,
the execution of cash and valuables transports,
the protection of persons or
the guarding of industrial and military installations as well as nuclear power plants.

Guarding requires active care (e.B supervision or controls). Custody must consist of human activity.

A security contractor can be a natural or legal person. In the case of partnerships (e.B. OHG, KG), the trader is every managing partner. In the case of legal entities (e.B. GmbH, AG), the permission of the legal entity is granted.

Prerequisites

They have the reliability required for business operations.
They live in orderly financial circumstances.
You lead
- proof of your personal expertise through a proficiency examination successfully passed before the Chamber of Industry and Commerce or an equivalent degree, and
- proof of mandatory liability insurance.

The personal licensing requirements (reliability, proof of successful completion of a competence examination) must be fulfilled by the traders or by the legal representatives of a legal person.

For the following guarding activities, the successful completion of a competence test is required:

Inspection rounds in public transport areas or in domiciliary areas with actual public transport;
protection from shoplifters;
Guarding in the entrance area of catering discotheques;
Guarding reception facilities in accordance with § 44 of the Asylum Act, shared accommodation in accordance with § 53 of the Asylum Act or other real estate and facilities that also serve the temporary official accommodation of asylum seekers or refugees in a managerial capacity;
Guarding of access-protected major events in a leading function.

Required documents

Copy of the identity card or other official identity document for all natural persons entitled to manage the business
Proof of personal reliability
- If you reside in Germany:
  - Extract from the Central Trade Register
  - Certificate of good conduct for all natural persons entitled to management
- When residing abroad: documents from the home country that prove personal reliability
Proof of entrepreneurial legal form
- at the company's headquarters in Germany:
  - in the case of companies entered in a register: extract from the commercial register or the partnership register
  - otherwise a copy of the articles of association (e.B. in the case of a partnership under civil law (GbR))
- in the case of the company's registered office abroad: documents from the country of residence proving the legal form.
Proof of orderly financial circumstances
- current certificate in tax matters of the competent tax office (to be presented in the original); If applicable, certificate in tax matters of the municipal tax office
- Extract from the debtor register of the central enforcement court
- Submission of asset information
- 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 competence for all natural persons entitled to management: Presentation of proof of the prescribed information, successful completion of the competence test or proof recognized as equivalent
Proof of the conclusion of the necessary liability insurance
In order to check the necessary conditions (in particular your personal reliability), the competent authority may request further documents and obtain opinions from other authorities (e.B. police, state criminal police office, office for the protection of the constitution).

Fees (costs)

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

Legal remedy

An objection to a negative or restrictive decision may be lodged with the competent authority in writing or orally within one month of notification.

Responsible body

Contact the municipal or city administration of your future business premises.

Further information

The security operator shall report the guards to the competent authority which is locally responsible for the respective establishment of the security undertaking.

The authorities have rights of information and review vis-à-vis traders in accordance with § 34a GewO in accordance with § 29 GewO. At the request of the authorities, the persons concerned must provide the information necessary for the monitoring of business operations. In addition, the authorities are authorised to enter the business premises in order to carry out inspections and inspections there.