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Security guarding - apply for a permit

Service Description

All activities in the guarding trade (e.g. object or personal protection) require a special permit. The term "guarding" is understood to mean the activity aimed at protecting the life or property of third parties from interference by third parties.
The concrete activities covered by the term "guarding" are broadly diversified. They range

  • from conventional bicycle, motor vehicle and building guarding
  • to event services
  • passenger screening,
  • the transportation of money and valuables, personal security, and the guarding of
  • to the guarding of industrial and military facilities as well as nuclear power plants.

Guarding requires an active custodial activity (e.g., supervision or checks). 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. In the case of legal entities (e.g. GmbH, AG), the permit is issued to the legal entity.

Process flow

You must apply for the permit at the responsible office.

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 authorized to manage the company (e.g. identity card). 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 license as such. Therefore, each managing partner requires the permit. For each of these persons, you must submit a completed application form and all personal documents.

Who should I contact?

Contact the city or county government of your future place of business.

Requirements

  • You have the reliability required for the business operation.
  • You live in orderly financial circumstances.
  • You provide
    • proof of your personal expertise in the form of an examination successfully passed by the Chamber of Industry and Commerce or an equivalent qualification, and
    • proof of the required liability insurance.

The personal licensing requirements (reliability, proof of successful completion of an expert knowledge examination) must be fulfilled by the tradesmen or by the legal representatives of a legal entity.

For the following guarding activities the successful passing of an expert knowledge examination is required:

  • 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 open to the public;
  • Guarding of reception facilities pursuant to Section 44 of the Asylum Act, of community accommodations 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.

Which documents are required?

  • Copy of the identity card or other official identification document for all natural persons authorized to manage the company.
  • Proof of personal reliability
    • If resident in Germany:
      • Extract from the central commercial register
      • Certificate of good conduct for all natural persons authorized to manage the company
    • If resident abroad: documents from the home country proving personal reliability
  • Proof of the legal form of the company
    • if the company is domiciled in Germany
      • For companies entered in a register: Excerpt from the commercial register or the partnership register
      • 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.
  • proof of orderly financial circumstances
    • current certificate in tax matters from the responsible tax office (to be submitted in the original); if applicable, certificate in tax matters from the municipal tax office
    • Excerpt from the debtors' 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 operation or corresponding securities
  • Proof of personal expertise for all natural persons authorized to manage the business: Presentation of proof of the prescribed instruction, successful completion of the expert knowledge examination or proof recognized as equivalent
  • Proof of the conclusion of 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).

insofar as the following activities are to be carried out

- Control patrols in public traffic areas or in areas with actual public traffic,

- protection against shoplifters,

- guarding in the entrance area of discotheques open to the public:

  • Proof of successful completion of an expert examination at the Chamber of Industry and Commerce.

as far as other guarding activities are carried out:

  • Proof of instruction from the IHK

What are the fees?

Depending on the scope of the application and the municipality, different fees or costs are incurred.

Fees are charged in accordance with the state's fee ordinance.

Legal basis

What else should I know?

The guarding company shall report the guarding personnel to the competent authority having local jurisdiction over the respective branch of the guarding company.

The authorities have information and inspection rights vis-à-vis traders. At the request of the authorities, the persons 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.

For the performance of certain surveillance tasks (e.g. certain patrols, surveillance of discotheques, protection against shoplifters), a qualification examination (IHK) is also required.
For other activities, only a certificate of instruction (IHK) is required.

Author

The text was automatically translated based on the German content per DeepL.

Technically approved by

Thuringian Ministry for Economy, Science and Digital Society (TMWWDG)

Professionally released on

10.09.2021

Source: Zuständigkeitsfinder Thüringen (Linie6PLus)

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