Guarding trade Permit
Anyone who wants to guard the life or property of strangers on a commercial basis requires the permission of the competent authority.
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.
- 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
- If you reside in Germany:
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.
- at the company's headquarters in Germany:
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, office for the protection of the constitution).
- They have the reliability required for business operations.
- They live in orderly financial circumstances.
- 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.
The security operator shall report the guards to the competent authority which is locally responsible for the respective establishment of the security undertaking.
The authorities have rights of information and review vis-à-vis traders in accordance with § 34a GewO in accordance with § 29 GewO. At the request of the authorities, the persons concerned must provide the information necessary for the monitoring of business operations. In addition, the authorities are authorised to enter the business premises in order to carry out inspections and inspections there.
§ 34a Industrial Code (GewO)
Ordinance on the Security Industry (Bewachungsverordnung - BewachV)
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.
Responsible for the content
Bavarian State Ministry of Economic Affairs, Regional Development and Energy
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