Security business - apply for a licence

Commercial security services are subject to authorisation. This includes all activities aimed at protecting the lives or property of other people from interference by third parties. The specific activities covered by the term ‘security services’ are wide-ranging. They include, amongst other things,

• traditional surveillance of bicycles, motor vehicles and buildings,
• the events service,
• passenger screening,
• the transport of cash and valuables,
• personal security or
• the security of industrial and military facilities, as well as nuclear power stations.

This relates exclusively to active surveillance activities carried out by personnel on site.

A security contractor – and therefore a party required to hold a licence – may be a natural person or a legal entity. In the case of partnerships without separate legal personality (e.g. OHG, KG), a licence is required for each partner. In the case of legal entities (e.g. GmbH, AG), the licence is granted to the legal entity.

You may only employ persons (security guards) who possess the necessary integrity and can provide a certificate from the Chamber of Industry and Commerce proving that they have been instructed in and are familiar with the legal and technical principles required to carry out the trade. For the performance of certain activities (e.g. the guarding of asylum reception centres and the guarding of large-scale events with restricted access, in a managerial capacity in each case), proof of having successfully passed a competence examination set by the Chamber of Industry and Commerce is required in place of proof of the aforementioned training.

The authorisation may be subject to conditions, in so far as this is necessary for the protection of the general public or the client; under the same conditions, conditions may also be added, amended or supplemented at a later date.

• Section 34a(1) of the Trade Regulation Act (GewO)

• A copy of your identity card or passport, together with a certificate of residence, or presentation of these documents in person. In the case of legal entities, this applies to all natural persons authorised to represent the entity

• Proof of personal integrity
  • If you are resident in Germany:
    • Extract from the Central Trade Register for submission to a public authority in accordance with Section 150(5) of the Trade Regulation Act
    • Certificate of Good Conduct for submission to a public authority (document type O)
  • If you are resident abroad: documents from your home country proving your personal integrity
• Proof of the company’s legal form
  • if the company is based in Germany:
    • for companies entered in a register: an extract from the commercial, co-operative or associations register
    • otherwise, a copy of the partnership agreement (e.g. in the case of a civil-law partnership (GbR))
  • if the company is based abroad: documents from the country of incorporation proving its legal form.
• Proof of sound financial circumstances, for example:
  • A current tax certificate from the relevant tax office (original to be submitted); where applicable, a tax certificate from the local tax office
  • Extract from the register of debtors at the Central Enforcement Court
  • Submission of a statement of assets
  • Information from the insolvency court as to whether proceedings have been opened (a so-called ‘negative certificate’)
• Proof of personal competence: Proof of competence must be provided by the business operator and by those persons entrusted with the management of the business or its branch; in the case of legal entities, the legal representatives must possess the requisite expertise, in so far as they are directly involved in the performance of security duties or no person appointed to manage the business or a branch holds a certificate of competence; in the case of partnerships, the managing partners

• Proof of the required third-party liability insurance

In order to verify that the necessary requirements are met (in particular, personal reliability), the competent authority may request further documents and seek opinions from other authorities (e.g. the police, the State Criminal Police Office, the Office for the Protection of the Constitution).

In order to be granted a licence under the Trade Regulation Act, you must

• who possess the reliability required for commercial operations.
• to have their financial affairs in order.
• demonstrate their own professional competence and that of the person responsible for managing the business or a branch by means of a professional competence examination successfully passed before the Chamber of Industry and Commerce or an equivalent qualification, and
• provide proof of the required third-party liability insurance.

The personal eligibility requirements (good character, sound financial circumstances, successful completion of the proficiency examination) must be met by the business operators or, in the case of a legal entity, by its legal representatives. Proof of the necessary expertise must also be provided for any person entrusted with the management of the business or a branch.

You may only employ persons (security guards) who possess the necessary integrity and can provide a certificate from the Chamber of Industry and Commerce proving that they have been instructed in and are familiar with the legal and technical principles required to carry out the trade. For the performance of certain activities (e.g. the guarding of asylum reception centres and the guarding of large-scale events with restricted access, in a managerial capacity in each case), proof of having successfully passed a competence examination set by the Chamber of Industry and Commerce is required in place of proof of the aforementioned training.

• MWAEGebO

You must apply for the permit from the relevant authority.

Once you have submitted your application and all the necessary documents have been provided in full, the relevant authority will check whether you meet all the requirements.

If you meet all the requirements, you will be granted permission.

You may not start the work until you have received authorisation.

In the case of legal entities (e.g. GmbHs, holding companies, AGs, registered co-operatives), you only need to complete the application form for the legal entity itself. You must submit all personal documents for all natural persons authorised to represent the legal entity (e.g. identity card). For the legal entity, you will also need an extract from the Central Trade Register.

Partnerships (GbR, KG, OHG, PartG, GmbH & Co. KG) are not, as such, eligible for authorisation. Therefore, each managing partner must obtain authorisation. For each of these individuals, you must submit a completed application form and all relevant personal documents.

• Objection (depending on national law, the objection may be excluded)
• administrative court action

• Online procedure available: yes (where available)
• Written form required: no
• Personal appearance required: no

• Granting of a licence pursuant to Section 34a of the Trade Regulation Act (GewO)

If you have not been resident in Germany or the EU over the last 3 years and your ‘reliability’ cannot therefore be adequately assessed, you will not be able to obtain a permit.

You must notify the relevant authority, via the security guard register, of any individuals you employ as security guards or whom you intend to appoint to manage the business or a branch, prior to their employment.

Upon request by the authorities, the persons concerned must provide the information necessary for the supervision of business operations. Furthermore, the authorities are authorised to enter the business premises to carry out inspections and surveys.

A breach of the requirement to obtain a licence and a contravention of an enforceable condition or an enforceable order prohibiting the employment of a person on grounds of unreliability may be punished as administrative offences with a fine. Breaches of the obligations relating to the employment of persons are also regarded as administrative offences.

• Security business - apply for a licence

  Display of performance in the source portal

• Security industry licence in Brandenburg

  Display of performance in the source portal

Local regulatory authorities (Section 1(1) of the Ordinance on Competences in Trade Law [Ordinance on Competences in Trade Law – GewRZV])

The duties of the local public order authorities are carried out by the local authorities, the independent municipalities, the association municipalities, the co-administrating municipalities and the independent towns (Section 3 of the Public Order Authorities Act - OBG)