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Security guarding - apply for a permit
Source: Zuständigkeitsfinder Schleswig-Holstein (Linie6PLus)
Professional guarding is subject to licensing. This includes all activities aimed at protecting the life or property of third parties from interference by third parties. The concrete activities covered by the term "guarding" are broadly diversified. They include
- conventional bicycle, motor vehicle and building guarding,
- the event service,
- passenger screening,
- the transportation of money and valuables,
- personal security or
- the guarding of industrial and military facilities as well as nuclear power plants.
This exclusively involves active surveillance activities by persons on site.
A natural person or legal entity can be a guarding contractor and thus subject to licensing. In the case of unincorporated partnerships (e.g. OHG, KG), a permit is required for each partner. In the case of legal entities (e.g. GmbH, AG), permission is granted to the legal entity.
They may only employ persons (guards) to carry out guarding 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 and are familiar with the legal and technical principles necessary for carrying out the trade. For the performance of certain activities (e.g. the guarding of asylum reception facilities and the guarding of access-protected large-scale events, in each case in a managerial capacity), proof of a successfully passed expert knowledge examination 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 for the protection of the general public or the clients; under the same conditions, the subsequent inclusion, amendment and supplementation of conditions are also permissible.
You must apply for the permit at the responsible office.
Once you have submitted the application and all documents are complete, the competent body 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 after you have received the permit.
In the case of legal entities (e.g. limited liability companies, companies limited by shares, 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 Business Register.
Partnerships (GbR, KG, OHG, PartG, GmbH & Co. KG) are not eligible for a license as such. Therefore, each managing partner requires the permit. For each of these persons, you must submit a completed application form and all personal documents.
Responsibility depends on the respective national law
In order for you to be granted permission under the Trade Regulation Act, you must
- have the necessary reliability for the business operation.
- be in good financial standing.
- provide evidence of your personal expertise and the expertise of the person entrusted with the management of the business or a branch office by successfully passing an expertise examination before the Chamber of Industry and Commerce or an equivalent qualification, and
- provide proof of the required liability insurance.
The personal licensing requirements (reliability, orderly financial circumstances, successfully passed expert knowledge examination) must be fulfilled by the trader or by the legal representatives of a legal entity. The necessary expertise must also be proven for a person entrusted with the management of the business or a branch office.
You may only employ persons (guards) to carry out guarding tasks who have the required reliability and prove by means of a certificate issued by the Chamber of Industry and Commerce that they have been instructed in and are familiar with the legal and technical principles required for the performance of the trade. For the performance of certain activities (e.g. the guarding of asylum reception facilities and the guarding of access-protected large-scale events, in each case in a managerial capacity), instead of the proof of the aforementioned instruction, the proof of a successfully passed expert knowledge examination before the Chamber of Industry and Commerce is required.
Which documents are required?
- Copy of identity card or passport with certificate of registration, or presentation on site. For legal entities for all natural persons authorized to represent them
- Proof of personal reliability
- In case of residence in Germany:
- Extract from the central commercial register for presentation to an authority in accordance with Section 150 (5) of the Trade, Commerce and Industry Regulation Act (Gewerbeordnung)
- Certificate of good conduct for submission to an authority (document type O)
- If resident abroad: documents from the home country proving personal reliability
- In case of residence in Germany:
- Proof of the legal form of the company
- if the company is based in Germany:
- In the case of companies entered in a register: Excerpt from the commercial, cooperative or association register
- otherwise a copy of the partnership agreement (e.g. in the case of a partnership under civil law (GbR))
- if the company is located abroad: documents from the country of domicile proving the legal form.
- if the company is based in Germany:
- 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 debtors' 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 expertise if they are directly involved in the performance of guarding 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 have proof of expertise.
- Proof of the conclusion of the required liability insurance
In order to verify the required prerequisites (in particular personal reliability), the competent body may request further documents and obtain statements from other authorities (e.g. police, State Criminal Police Office, Office for the Protection of the Constitution).
What are the fees?
Is based on the respective administrative fee regulations of the state or on the fee statutes of the bodies responsible under state law.
What deadlines do I have to pay attention to?
If the documents are complete, your application will be processed promptly.
- Appeal (depending on the state law, the appeal may be excluded)
- Administrative court action
Applications / forms
- Online procedure possible: yes (if available)
- Written form required: no
- Personal appearance required: no
What else should I know?
If you have not resided in the country or the EU in the last 3 years and therefore your "reliability" cannot be sufficiently verified, you cannot obtain a permit.
You must notify the persons you wish to employ as guards or who you wish to entrust with the management of the company or a branch office to the competent authority via the guard register prior to employment.
At the request of the authorities, the persons concerned must provide the information required for the supervision of business operations. Furthermore, the authorities are authorized to enter the business premises in order to carry out checks and inspections.
Violation of the obligation to obtain a permit and violation of an enforceable condition or an enforceable order prohibiting the employment of a person due to unreliability may be punished as administrative offenses with a fine. Violation of obligations related to employment of persons shall also be considered administrative offenses.
The text was automatically translated based on the German content.
Technically approved by
Federal Ministry of Economics and Climate Protection
Professionally released on