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Applying for a permit for a security trade

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.

Process flow

You must apply for permission from the competent authority.

In the case of legal entities (GmbH, corporate companies, AG, registered cooperatives), you only have to fill out the application form for the legal entity itself. You must submit all personal documents for all natural persons entitled to the management (e.B. 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 permission as such. Therefore, every managing partner needs permission. For each of these persons, you must submit a completed application form and all personal documents.

Requirements

  • 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.

Which documents are required?

  • 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, protection of the constitution).

§ 882b Code of Civil Procedure (ZPO)

§ 26 Insolvency Code (InsO)

What are the fees?

The fee in Lower Saxony can be up to € 2,500 in accordance with § 1 (1) in conjunction with the V.m.dem cost tariff (annex to § 1 (1)) ALLGO.

Annex 1 to § 1 paragraph 1 General Fee Schedule (AllGO)

Appeal

If there are legal doubts or concerns about the decision on the permit or details thereof on the part of the addressee (usually the applicant), these can be reviewed by means of an action for an obligation or annulment before the competent administrative court, depending on the legal nature.

In Lower Saxony, a pre-litigation procedure is not provided for by § 80 Nds. Justice Act. Therefore, no objection is admissible, but rather an administrative court action must be brought directly.

Technically approved by

Lower Saxony Ministry of Economic Affairs, Labour, Transport and Digitalisation

Source: Serviceportal Niedersachsen (Linie6PLus)

Further Links

Single points of contact of the state of Lower Saxony, Single points of contact of the countries of Europe, advice and assistance for EU citizens and their families.