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Source: BUS Sachsen-Anhalt (Linie6PLus)

Apply for permission for guarding

Description

Commercial guarding is subject to a permit. Surveillance in accordance with Section 34a of the Commercial Code (GewO) means the activity aimed at protecting the life or property of third parties from interference with third parties. The specific activities covered by the term "surveillance" are wide-ranging. These include, but are not

  • conventional bicycle, motor vehicle and building security,
  • the event service,
  • passenger control,
  • the carrying out of money and value transports,
  • protection of persons or
  • the guarding of industrial and military installations as well as nuclear power plants.

Surveillance requires active custody (e.B. supervision or controls). The care must be human activity.

Security contractors may be a natural or legal person. In the case of partnerships (e.B. OHG, KG), trader is any managing partner. In the case of legal entities (e.B. GmbH, AG), permission is granted by the legal entity.

Anyone wishing to guard the life or property of third parties for commercial use requires the permission of the competent authority.

Contact the municipal or municipal administration of your future permanent establishment.

  • They have the reliability required for the business.
  • They live in orderly financial circumstances.
  • They lead to
    • proof of your personal expertise by a certificate of expertise successfully passed before the Chamber of Commerce and Industry or an equivalent degree, and
    • proof of compulsory liability insurance.

The personal authorisation requirements (reliability, proof of successful examination of an expert examination) must be met by the tradesmen or by the legal representatives of a legal person.

For the following guarding activities, the successful examination of an expertise examination is required:

  • inspections in public transport areas or in areas of property rights with actual public transport;
  • Protection against shoplifters;
  • Guarding in the entrance area of guest discotheques;
  • guarding reception facilities in accordance with Paragraph 44 of the Asylum Act, community accommodation in accordance with Section 53 of the Asylum Act or other real estate and facilities which are also used for temporary official accommodation of asylum seekers or refugees, in a managerial capacity;
  • Surveillance of access-protected large-scale events in a managerial capacity.
  • Copy of identity card or other official identification document for all natural persons authorised to be managed
  • Proof of personal reliability
    • If you are resident in Germany:
      • Business Central Register Extract
      • Certificate of management for all natural persons entitled to the management
    • When residing abroad: documents from the home country that prove personal reliability
  • Proof of corporate legal form
    • at headquarters in Germany:
      • in the case of companies registered in a register: extract from the commercial register or the partnership register
      • otherwise a copy of the social contract (e.B. in the case of a company under civil law (GbR))
    • in the case of 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 necessary, certificate in tax matters of the municipal tax office
    • Extract from the debtor register of the Central Enforcement Court
    • Submission of an asset information
    • Information from the insolvency court as to whether proceedings have been opened (so-called negative certificate)
    • proof, the resources or collateral required for the business
  • Proof of personal expertise for all natural persons entitled to the management: presentation of proof of the required information, the successful examination of the subject matter or proof recognised as equivalent
  • Proof of the conclusion of the required liability insurance
  • In order to check the necessary conditions (in particular your personal reliability), the competent authority may request further documents and seek comments from other authorities (e.B. police, national criminal office, constitutional protection).

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

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

The security contractor shall notify the guards to the competent authority responsible for the respective establishment of the guard ingestion undertaking.

The authorities have access and follow-up rights to traders in accordance with Section 34a of the GewO in accordance with Section 29 GewO. At the request of the authorities, the persons concerned must provide the information necessary for the supervision of the business. In addition, the authorities are authorised to enter the premises for inspections and inspections.

The text was automatically translated based on the German content.

Bavarian State Ministry for Economic Affairs, Regional Development and Energy

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