Bewachungsgewerbe - Erlaubnis beantragen

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

Ordinance on the Security Industry (Bewachungsverordnung - BewachV)

Commercial guarding is subject to authorization. Guarding within the meaning of Section 34a of the Trade, Commerce and Industry Regulation Act (GewO) refers to activities aimed at protecting the lives or property of third parties from interference by third parties. The specific activities covered by the term "guarding" are wide-ranging. These include, among others

• conventional bicycle, vehicle and building security,
• the event service,
• air passenger control,
• the transportation of money and valuables,
• personal protection or
• the guarding of industrial and military facilities and nuclear power plants.

Guarding requires an active custodial activity (e.g. supervision or checks). The guarding must consist of human activity.

A guarding contractor can be a natural or legal person. In the case of partnerships (e.g. OHG, KG), the trader is any managing partner. In the case of legal entities (e.g. GmbH, AG), the permit is issued to the legal entity.

• Copy of identity card or passport with registration certificate, or presentation on site. for all natural persons authorized to manage the company
• Proof of personal reliability
  • If resident in Germany:
    • Application for an extract from the central trade register for submission to an authority in accordance with Section 150 (5) of the Trade, Commerce and Industry Regulation Act (Leika key: 99052002109000)
    • Application for a certificate of good conduct for submission to an authority in accordance with Section 30 (5) of the Federal Central Criminal Register Act (Leika key: 99049001001000)
  • If you live abroad: documents from your home country that prove your 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, e.g:
  • current certificate in tax matters from the responsible tax office (to be submitted in the original); if applicable, certificate in tax matters from the local 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).

In order to obtain a license in accordance with § 34 a GewO, you must

• have the reliability required for the business.
• live in orderly financial circumstances.
• provide proof of your personal expertise by successfully passing an examination of expertise before the Chamber of Industry and Commerce or an equivalent qualification and
• provide 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, even on a temporary basis, in a managerial capacity;

Guarding large events with protected access in a managerial capacity.

You must apply for the permit from the competent authority.

Once you have submitted the application and all documents are complete, the competent authority will check whether you meet all the requirements.

If you meet all the requirements, you will receive the permit.

You may only start your activity once you have received the permit.

In the case of legal entities (e.g. 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.

The security company must report the security guards to the competent authority that has local jurisdiction for the respective branch of the security company.

The authorities have rights of information and inspection vis-à-vis tradespeople pursuant to Section 34a GewO in accordance with Section 29 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 visits.

• Appeal (depending on national law, the appeal may be excluded)
• Administrative court action

• Security business - apply for a permit
• Applicants require a permit for activities in the security industry; among other things, proof of personal reliability and orderly financial circumstances are required; proof of expertise must be provided for certain security activities; liability insurance must be available
• Responsible: District regulatory authorities

Responsibility depends on the respective state law

• Online procedure possible: yes
• Written form required: no
• Personal appearance required: no