Applying for a permit for security

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 authorised to manage the company (e.g. identity card). For the legal entity, you also need an extract 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.

• They have the reliability required for commercial operations.
• They live in orderly financial circumstances.
• They lead
  • proof of your personal expertise by successfully passing an examination of competence or an equivalent degree before the Chamber of Industry and Commerce and
  • proof of compulsory liability insurance.

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

  The following guarding activities require the successful completion of a competence test:

• patrols in public traffic areas or in areas of domiciliary rights with actual public transport;
• protection against shoplifters;
• Guarding in the entrance area of catering discotheques;
• Guarding reception facilities in accordance with § 44 of the Asylum Act, collective accommodation in accordance with § 53 of the Asylum Act or other properties and facilities that serve the official accommodation of asylum seekers or refugees, also temporarily, in a managerial function;
• Guarding of access-protected major events in a managerial function.

• Copy of the identity card or other official identification document for all natural persons authorised to manage the company
• Proof of personal reliability
  • If you reside in Germany:
    • Excerpt from the Central Trade Register
    • Certificate of good conduct for all natural persons authorised to manage the company
  • If you reside abroad: documents from your home country proving personal reliability
• Proof of entrepreneurial legal form
  • if the company is based in Germany:
    • for companies entered in a register: extract from the commercial register or the partnership register
    • otherwise a copy of the articles of association (e.g. in the case of a civil-law partnership (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 issued by the competent tax office (to be presented in the original); If applicable, certificate in tax matters from the municipal tax office
  • Extract from the register of debtors 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 operation or corresponding collateral
• Proof of personal competence for all natural persons authorised to manage the company: presentation of proof of the required information, successful completion of the competence examination or proof recognised as equivalent
• Proof of the conclusion of the required liability insurance
• In order to check the necessary requirements (in particular your personal reliability), the competent authority may request further documents and obtain statements from other authorities (e.g. police, State Office of Criminal Investigation, Office for the Protection of the Constitution).

The fee in Lower Saxony can amount to up to € 2,500 in accordance with § 1 Abs. 1 in conjunction with .dem cost tariff (Annex to § 1 Abs. 1).

If the addressee (usually applicant) has legal doubts or concerns about the decision on the permit or about details from it, these may, depending on the legal nature, be reviewed by means of an action for commitment or avoidance before the competent administrative court.

In Lower Saxony, preliminary proceedings are not provided for by § 80 Nds. Therefore, no objection is admissible, but rather administrative court action must be brought directly.

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

List-ID 056 (whitelist; Status:13.09.2018)

The text was automatically translated based on the German content.