Applying for a security business permit

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

• The personal licensing requirements (reliability, proof of successful completion of an expert examination) must be fulfilled by the trader or the legal representatives of a legal entity.

  The following security activities require the successful completion of an expert examination:

• Patrols in public traffic areas or in domestic areas with actual public traffic;
• Protection against shoplifters;
• Guarding the entrance area of nightclubs;
• Guarding reception facilities in accordance with Section 44 of the Asylum Act, shared accommodation in accordance with Section 53 of the Asylum Act or other properties and facilities that are used for the official accommodation of asylum seekers or refugees, including temporary accommodation, in a managerial capacity;
• Guarding large events with protected access in a managerial capacity.

• Copy of identity card or other official identification document for all natural persons authorized to manage the company
• Proof of personal reliability
  • If resident in Germany:
    • Extract from the central trade register
    • Certificate of good conduct for all natural persons authorized to manage the company
  • If resident abroad: documents from the home country that prove personal reliability
• Proof of the company's 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. for a civil law partnership (GbR))
  • if the company is based abroad: documents from the country of domicile that prove the legal form.
• Proof of orderly financial circumstances
  • Current certificate in tax matters from the responsible tax office (to be submitted in the original); if applicable, certificate in tax matters from the municipal tax office
  • Extract from the debtor 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 the funds required for the business or corresponding collateral
• Proof of personal expertise for all natural persons authorized to manage the business: Submission of proof of the prescribed instruction, successful completion of the examination of expertise or proof recognized as equivalent
• Proof that the required liability insurance has been taken out
• In order to verify 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).

• § Section 882b of the Code of Civil Procedure (ZPO)

"The trade authorities in Lower Saxony levy corresponding fees in accordance with the Ordinance on Fees and Expenses for Official Acts and Services (General Schedule of Fees - AllGO). For the security industry, the amount of fees is based on "time spent" in accordance with tariff number 40.1.12 of the Annex to Section 1 (1) AllGO.

• Annex 1 to Section 1 (1) General Fee Schedule (AllGO)

You must apply for the permit from the responsible office.

In the case of legal entities (limited liability companies, business companies, public limited companies, 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 manage the business (e.g. 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 a license as such. Therefore, each managing partner requires a permit. You must submit a completed application form and all personal documents for each of these persons.

• § Section 34a of the Trade Regulation Act (GewO)

If the addressee (usually the applicant) has legal doubts or concerns regarding the decision on the permit or details thereof, these can be reviewed by the competent administrative court by way of an action to enforce or contest the decision, depending on its legal nature.

In Lower Saxony, Section 80 of the Lower Saxony Judiciary Act does not provide for preliminary proceedings. Therefore, no objection is permitted; instead, an administrative court action must be brought directly.