Security guarding business; application for a permit
If you want to professionally guard the life or property of strangers, you need a permit. You may only use reliable guards to carry out the guarding activity.
Description
Commercial guarding is subject to licensing. Guarding in the sense of § 34 a of the Trade, Commerce and Industry Regulation Act (GewO) is understood to be the activity aimed at protecting the life or property of third parties from interference by third parties. Guarding requires an active custodial activity (e.g. supervision or controls). The custodial activity must consist of human activity.
A guarding contractor may be a natural person or a legal entity. In the case of partnerships (e.g. OHG, KG), each managing partner is a trader and requires a permit. In the case of legal entities, the permit is granted to the GmbH or AG.
The personal requirements for the permit (reliability, proof of successful completion of an expert examination) must be fulfilled by the trader or the legal representatives of a legal entity.
The reliability is checked by the licensing authority in particular on the basis of an unrestricted extract from the Federal Central Register to be obtained by the authority, a statement by the police and an extract from the Central Trade Register to be applied for by the applicant.
Only employees (guarding personnel) whose reliability has been verified by the authority on the basis of an unrestricted extract from the Federal Central Register and who have also been instructed by the Chamber of Industry and Commerce for at least 40 hours on the provisions, powers and duties required for the exercise of the activity or who have successfully passed a qualification examination at the Chamber of Industry and Commerce may be entrusted with guarding tasks.
The following guarding activities also require guarding personnel to successfully pass an expert knowledge examination at the IHK:
- Patrols in public traffic areas or in areas of property rights with actual public traffic;
- Protection against shoplifters;
- Guarding in the admission area of discotheques for the hospitality industry;
- Guarding of reception facilities pursuant to Section 44 of the Asylum Act, of shared accommodation pursuant to Section 53 of the Asylum Act or other real estate and facilities serving the official accommodation, even temporarily, of asylum seekers or refugees, in a managerial capacity;
- Guarding of access-protected major events in a managerial capacity.
The security company must report the guards to the district administrative authority that has local jurisdiction over the security company's branch office.
The authorities have information and inspection rights vis-à-vis traders pursuant to Section 34a of the Trade, Commerce and Industry Regulation Act (GewO) in accordance with Section 29 of the Trade, Commerce and Industry Act (GewO). At the request of the authorities, the parties concerned must provide the information required to monitor business operations. Furthermore, the authorities are authorized to enter the business premises in order to carry out inspections and surveys.
Prerequisites
- reliability of the trader and his staff
- the means or securities necessary for the operation of the trade
- familiarity with or knowledge of the legal regulations necessary for carrying on the trade
- sufficient liability insurance
Special notes
Before issuing the permit, the authority obtains at least a statement from the police and an unrestricted extract from the Federal Central Register.
Deadlines
Processing time approx. 4 - 6 weeks
Processing time
The processing time is about 4 - 6 weeks.
Required documents
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if applying for a legal entity (e.g. UG, GmbH, AG), the current excerpt from the commercial, cooperative or association register
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Certificates in tax matters from the tax office and the municipal tax office; in the case of legal entities, from all legal representatives
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Copy of identity card, passport with registration certificate, passport or identity card replacement or other official identification document; in case of legal entities, of all legal representatives
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Proof of having successfully passed the expert examination or other recognizable proofs
Proof of successful completion of the expert examination or other recognizable proof for the person submitting the application as well as for the persons to be entrusted with the management of the company or a branch office; in the case of legal entities, for the legal representatives, insofar as they themselves are directly involved in the performance of guarding tasks or have not entrusted a person with the management of the company or a branch office who possesses an expert certificate or corresponding other proof
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Proof of liability insurance
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Information from the debtors' register
Fees
- Guarding permit: 100 to 1500 EUR according to the cost schedule to the cost law (tariff no. 5.III.5/12)
- Extract from the Commercial Register: 13 EUR in accordance with the Code of Judicial Administration Costs
- Examination of expertise at the Chamber of Industry and Commerce: approx. 150 EUR
- Instruction with confirmation (certificate of instruction) at the Chamber of Industry and Commerce: approx. 425 EUR for guarding personnel (per guard)
Status:12.10.2023
Responsible for editing:Bayerisches Staatsministerium für Wirtschaft, Landesentwicklung und Energie
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