Security industry: Apply for an operating licence

Commercial guarding is subject to authorisation. 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,
• passenger screening,
• the transport of money and valuables,
• personal protection or
• guarding 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 security company can be a natural or legal person. In the case of partnerships (e.g. OHG, KG), every managing partner is a trader. In the case of legal entities (e.g. GmbH, AG), the licence is issued to the legal entity.

• § Section 34a of the Trade Regulation Act (GewO)
• Ordinance on the Security Services Industry (Bewachungsverordnung - BewachV)
• Tariff item 207 of the Mecklenburg-Vorpommern Trade Costs Ordinance (GewKostVO M-V)
• Schedule of Costs, No. 1330 in Annex to Section 4 (1) of the Judicial Administration Costs Act (JVKostG)
• § Section 61 in conjunction with Section 69 of the Mecklenburg-Vorpommern Functional and District Structure Reform Act (FKrG M-V)
• § Section 1 State Ordinance on the Regulation of Responsibilities in General Trade Law (Trade Law Responsibility State Ordinance - GewRZustLVO M-V) from 21 July 2014

• Copy of identity card or other official identification document for all natural persons authorised to manage the company
• Proof of personal reliability
  • If you are resident in Germany:
    • Extract from the central trade register
    • Certificate of good conduct for all natural persons authorised to manage the company
  • If you live abroad: documents from your home country that prove your personal reliability
• Proof of the legal form of the company
  • with registered office 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. in the case of 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
  • 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
  • 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 business operations or corresponding collateral
• Proof of personal expertise for all natural persons authorised to manage the company: Submission of proof of the prescribed training, successful completion of the examination of expertise or proof recognised 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).

• You have the reliability required for commercial operations.
• You live in an orderly financial situation.
• You lead
  • proof of your personal expertise by successfully passing an examination of expertise before the Chamber of Industry and Commerce or an equivalent qualification and
  • proof of the required liability insurance.

The personal licence requirements (reliability, proof of successful completion of an examination of expertise) must be fulfilled by the trader or the legal representatives of a legal entity.

The following security activities require the successful completion of an examination:

• patrols in public traffic areas or in areas with public traffic rights;
• Protection against shoplifters;
• Security in the entrance area of catering discotheques;
• Guarding reception centres 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, including temporary accommodation, in a managerial capacity;
• Guarding of access-protected major events in a managerial function.

You must apply for the licence from the competent authority.

In the case of legal entities (limited liability companies, business companies, public limited companies, 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 manage the company (e.g. identity card). For the legal entity, you also need an extract from the central trade register.

Partnerships (GbR, KG, OHG, PartG, GmbH & Co. KG) are not eligible for authorisation as such. Therefore, each managing partner requires a licence. 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 responsible 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 authorised to enter the business premises in order to carry out inspections and inspections.

• Security business licence in Mecklenburg-Vorpommern

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Local trade authorities of the local authorities and independent municipalities

In Mecklenburg-Vorpommern, the trade licensing office of the independent town, the large district town, the office or the independent municipality in which the activity is to take place is responsible for processing the application.

• Security services - licence application