Commercial security services require a license. This includes all activities aimed at protecting the lives or property of others from interference by third parties. The specific activities covered by the term “security services” are wide-ranging. They include, among other things,
- traditional bicycle, motor vehicle, and building security,
- event security,
- airport passenger screening,
- the transport of cash and valuables,
- personal protection, or
- the security of industrial and military facilities as well as nuclear power plants.
This refers exclusively to active surveillance activities carried out by personnel on site.
A security service provider—and thus a party required to obtain a license—may be a natural person or a legal entity. In the case of partnerships without separate legal personality (e.g., OHG, KG), a license is required for each partner. In the case of legal entities (e.g., GmbH, AG), the license is granted to the legal entity.
They may only employ individuals (security guards) who possess the necessary reliability and can demonstrate, through a certificate from the Chamber of Industry and Commerce, that they have been instructed in and are familiar with the legal and technical fundamentals required for the practice of the trade. For the performance of certain activities (e.g., security at asylum reception facilities and security at large-scale events with restricted access, in each case in a supervisory capacity), proof of having successfully passed a proficiency examination administered by the Chamber of Industry and Commerce is required in lieu of proof of the aforementioned training.
The license may be subject to conditions to the extent that this is necessary to protect the general public or the client; under the same conditions, the subsequent addition, modification, or supplementation of conditions is also permitted.
In order to obtain a license under the Trade Regulation Act, you must
- demonstrate the reliability required to operate the business.
- be in good financial standing.
- demonstrate your personal expertise and the expertise of the person responsible for managing the business or a branch office by passing a proficiency exam administered by the Chamber of Industry and Commerce or by providing proof of an equivalent qualification, and
- provide proof of the required liability insurance.
The personal requirements for a license (good character, sound financial standing, successfully passed proficiency exam) must be met by the business owner or by the legal representatives of a legal entity. The required professional competence must also be demonstrated by a person entrusted with the management of the business or a branch office.
You may only employ persons (security guards) to perform security duties who
possess the required reliability and
can demonstrate, through a certificate from the Chamber of Industry and Commerce, that they have been instructed in and are familiar with the legal and technical fundamentals necessary for the practice of the trade. For the performance of certain activities (e.g., security at asylum reception facilities and security at large-scale events with restricted access, in a managerial capacity in each case), proof of having successfully passed a proficiency examination administered by the Chamber of Industry and Commerce is required in lieu of proof of the aforementioned training.
You must apply for permission from the relevant authority.
Once you have submitted your application and all the necessary documents, the relevant authority will check whether you meet all the requirements.
If you meet all the requirements, you will receive the permit.
You may only start the activity once you have received the permit.
In the case of legal entities (e.g., GmbH, corporate companies, AG, registered cooperatives), you only need to fill out the application form for the legal entity itself. You must submit all personal documents for all natural persons authorized to represent the legal entity (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 permission as such. Therefore, each managing partner requires permission. You must submit a completed application form and all personal documents for each of these persons.
If you have not resided in Germany or the EU in the past 3 years and your “reliability” therefore cannot be adequately verified, you will not be granted a permit.
You must report to the competent authority, via the security guard registry, the individuals you intend to employ as security guards or whom you intend to appoint to manage the business or a branch office, prior to their employment.
Upon request by the authorities, the parties concerned must provide the information necessary for the supervision of business operations. Furthermore, the authorities are authorized to enter the business premises to conduct inspections and surveys.
Violation of the licensing requirement and breach of an enforceable condition or an enforceable order prohibiting the employment of a person due to unreliability may be punished as administrative offenses with a fine. Violations of the obligations related to the employment of persons are also considered administrative offenses.
If the documents are complete, your application will be processed promptly.
