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.
In addition to the business registration, a commercial license is also required for the exercise of a security business in Halle.
- 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.
- 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
- If you reside in Germany:
- 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.
- at the company's headquarters in Germany:
- 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).
Sole proprietorships
- Completed permit application
- information from the Central Trade Register (not older than 3 months) can be requested in the Trade Team
- Information from the enforcement portal, to be requested under www.vollstreckungsportal.de
- Information from the insolvency register (to be applied for at the competent district court)
- Tax certificate from the responsible tax office
- tax certificate from the tax office of the city of Halle (Saale) or the home authority
- Proof of the passed competence examination according to § 5a BewachV
- Proof of the existence of a liability insurance according to § 6 BewachV
Only for legal entities (GmbH, AG, UG)
- the same personal requirements as for a sole trader (The documents refer here to the future managing director(s) / board member.)
- required documents as for individual trades above
- additional: Commercial register sheet of the competent local court
If the company already wishes to carry out a commercial activity during the start-up phase: notarized shareholder resolution on the establishment of the company and registration with the commercial register at the local court. In this case, the partner is the trader and must have the necessary requirements (business license according to § 34a GewO).
If there are several managing directors/board members, the above-mentioned documents must be provided by all of them.
If only one managing director/board member is entrusted with the guarding activity, only this managing director must provide the necessary proof of competence.
The amount of the fees depends on the relevant fee statute of the competent authority or on the legal regulations of the federal state.
1.300,00 EUR (with restriction of activities)
1.600,00 EUR (without restriction)
An objection to a negative or restrictive decision may be lodged with the competent authority in writing or orally within one month of notification.
Contact the municipal or city administration of your future business premises.
The application can be submitted in person or through third parties, with power of attorney and upon presentation of a copy of the applicant's identity card.
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.
When submitting the application, 50% of the expected permit fee must already be paid by debit card by direct debit or by cost notice.
The remaining fee is due upon granting of permission.
The application can only be processed by the authority when all the necessary documents for the applicant are available.
Only persons who are reliable and have the appropriate qualifications (proof of instruction, competence test) may be entrusted with the performance of guarding tasks. Before commencing employment, the trader must register these persons via the register of guards (§ 16 BewachV).
Further information can be found on the website of the Federal Office of Economics and Export Control.
Bavarian State Ministry of Economic Affairs, Regional Development and Energy
25.09.2020
The text was automatically translated based on the German content.
The text was automatically translated based on the German content.
06122 Halle (Saale), Stadt
Mon: closed
Tue: 09:00 - 12:00 and 13:00 - 17:00
Wed: closed
Thu: 09:00 - 12:00 and 13:00 - 16:00
Fri: closed
Sat: closed
Sun: closed
Fr. Jeannette Zenker
06122 Halle (Saale), Stadt
- Halle (Saale), Stadt:
