Bewachungsgewerbe - Erlaubnis beantragen

Gewerbeordnung (GewO)

• § 34a Bewachungsgewerbe; Verordnungsermächtigung

Verordnung über das Bewachungsgewerbe (BewachV)

§ 1 Verordnung der Landesregierung über Zuständigkeiten nach der Gewerbeordnung (GewOZuVO) in Verbindung mit §§ 15 ff. Landesverwaltungsgesetz (LVG)

You may only carry out activities as an entrepreneur in the guarding trade (e.g. in object or personal protection) with a permit. Guarding is defined as activities that are intended to protect the life, freedom, property or possessions of third parties from interference by third parties, for example:

• conventional bicycle, motor vehicle and building guarding
• Event service
• Air passenger control
• Carrying out transports of money and valuables
• Personal security
• Guarding of industrial and military facilities as well as nuclear power plants and other energy supply facilities

Note Special regulations apply to the activities of employees of a guarding contractor who are entrusted with the performance of guarding tasks (guarding personnel, guards); they do not need a permit, but must meet certain personal requirements. As a guarding contractor, they must register these persons with the competent body before they begin their activities

Tip: You can obtain further information from the competent trade authorities or from the competent Chamber of Industry and Commerce.

• completed application form
• Copy of identity card or comparable identification document
• For proof of entrepreneurial legal form:
  • if the company has its registered office in Germany:
    • for companies entered in a register Excerpt from the commercial register or the partnership register, respectively
    • otherwise a copy of the partnership agreement (e.g. in the case of a partnership under civil law (GbR))
  • if the company is domiciled abroad: documents from the country of domicile proving the legal form.
• For the proof of personal reliability:
  • If resident in Germany:
    • Certificate of good conduct
    • Extract from the Central Trade Register
  • If you are domiciled abroad: documents from your home country proving your personal reliability.
• Proof of personal expertise by presenting a certificate from the Chamber of Industry and Commerce (IHK) stating that you have successfully passed an expert examination or by presenting proof recognised as equivalent
• Documents proving your orderly financial circumstances
• Proof that you have taken out the required liability insurance

In order to verify the required prerequisites (in particular your personal reliability), the competent body may request further documents and obtain statements from other authorities (e.g. police, State Criminal Police Office, Office for the Protection of the Constitution).

As of 1.1.2019, your personal reliability will be re-examined at regular intervals, at the latest after 5 years.

In the case of legal entities (GmbH, Unternehmensgesellschaften, AG, eingetragene Genossenschaften), you only need to complete the application form for the legal entity itself. You must submit all personal documents for all natural persons entitled to manage the company (e.g. personal papers). For the legal entity, you also need an extract from the Central Business Register.

Partnerships (GbR, KG, OHG, PartG, GmbH Co. KG) are not eligible for a licence as such. Therefore, each managing partner requires a permit. For each of these persons you must submit a completed application form and all personal documents.

• You have the reliability required for the business operation.
• You are in good financial standing.
• You lead
  
  • proof of your personal expertise by means of an examination successfully passed before the Chamber of Industry and Commerce or an equivalent qualification, and
  • proof of the required liability insurance.

The amount of the fees is determined by the relevant fee statutes of the municipality.

You must apply for the permit at the competent office.