Security business, apply for a permit
Anyone who wishes to guard the lives or property of other people on a commercial basis requires permission from the competent authority.
What do I need to know?
Service description
Commercial security services require a license. This includes all activities aimed at protecting the lives or property of third parties from interference by third parties. The specific activities covered by the term "security" are wide-ranging. They include, among other things
- traditional bicycle, motor vehicle, and building surveillance,
- event security,
- passenger screening,
- the transport of money and valuables,
- personal protection, and
- the guarding of industrial and military facilities as well as nuclear power plants.
This exclusively involves active surveillance activities carried out by persons on site.
Security companies, and thus those requiring a license, can be natural or legal persons. In the case of partnerships without legal personality (e.g., OHG, KG), a license is required for each partner. In the case of legal persons (e.g., GmbH, AG), the license is granted to the legal person.
You may only employ persons (security guards) to perform security tasks who possess the necessary reliability and can prove, by means of a certificate from the Chamber of Industry and Commerce, that they have been instructed in and are familiar with the legal and technical principles necessary for the exercise of the trade. For the performance of certain activities (e.g., the guarding of asylum reception facilities and the guarding of large events with restricted access, in each case in a managerial capacity), proof of a successfully completed proficiency examination before the Chamber of Industry and Commerce is required instead of proof of the aforementioned training.
The permit may be subject to conditions if this is necessary for the protection of the general public or the client; under the same conditions, the subsequent addition, amendment, and supplementation of conditions is also permissible.
Prerequisites
In order to obtain a permit under the Trade Regulation Act, you must
- be of good character as required for commercial operations.
- 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 test administered by the Chamber of Industry and Commerce or by obtaining an equivalent qualification, and
- provide proof of the required liability insurance.
The personal requirements for a permit (reliability, orderly financial circumstances, successfully passed proficiency examination) must be met by the business owner or the legal representatives of a legal entity. The necessary expertise must also be demonstrated for a person entrusted with the management of the business or a branch office.
You may only employ persons (security guards) to perform security tasks who possess the necessary reliability and can prove, by means of a certificate from the Chamber of Industry and Commerce, that they have been instructed in and are familiar with the legal and technical basics necessary for the practice of the trade. For the performance of certain activities (e.g., the guarding of asylum reception facilities and the guarding of large events with restricted access, in each case in a managerial capacity), instead of proof of the aforementioned training, proof of a successfully completed proficiency examination before the Chamber of Industry and Commerce is required.
Procedure
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.
What else should I know?
If you have not resided in Germany or the EU in the last 3 years and therefore your "reliability" cannot be sufficiently verified, you cannot obtain a permit.
You must report the persons you employ as security guards or whom you wish to appoint to manage the business or a branch office to the competent authority via the security guard register before employing them.
At the request of the authorities, the persons concerned must provide the information necessary for the supervision of business operations. Furthermore, the authorities are authorized to enter the business premises to carry out checks and inspections.
Violation of the permit requirement and violation 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. Violation of the obligations in connection with the employment of persons is also considered an administrative offense.
Legal basis
Legal remedy
- Appeal (depending on state law, an appeal may be excluded)
- Administrative court action
Deadlines
none
Processing time
If the documents are complete, your application will be processed promptly.
What do I need to bring or submit?
- Copy of identity card or passport with registration certificate, or presentation on site. For legal entities, for all natural persons authorized to represent them
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Proof of personal reliability
-
For residents of Germany:
- Extract from the Central Trade Register for submission to an authority in accordance with Section 150 (5) of the Trade Regulation Act
- Certificate of good conduct for submission to an authority (document type O)
- For residents abroad: Documents from the home country proving personal reliability
-
For residents of Germany:
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Proof of legal form of the company
-
For companies based in Germany:
- For companies entered in a register: Extract from the commercial, cooperative, or association register
- otherwise a copy of the partnership agreement (e.g., for a civil law partnership (GbR))
- If the company is based abroad: Documents from the country of residence proving the legal form.
-
For companies based in Germany:
-
Proof of orderly financial circumstances, e.g.:
- Current tax certificate from the relevant tax office (original to be submitted); if applicable, tax certificate from the municipal tax office
- Extract from the debtor register of the central enforcement court
- Submission of financial information
- Information from the insolvency court as to whether proceedings have been initiated (so-called negative certificate)
- Proof of personal expertise: Proof of expertise must be provided by the trader and the persons responsible for managing the business or its branch; in the case of legal entities, the legal representatives must possess the expertise if they are directly involved in the performance of security tasks or if no person entrusted with the management of the business or a branch office has proof of expertise; in the case of partnerships, the managing partners
- Proof of the required liability insurance
In order to verify the necessary requirements (in particular personal reliability), the competent authority may request further documents and obtain statements from other authorities (e.g., police, state criminal investigation office, office for the protection of the constitution).
How much does it cost and how can I pay?
Fees
Depends on the respective administrative fee regulations of the state or on the fee statutes of the authorities responsible under state law.
Payment methods
- cash
- Bank transfer
- EC card
EC card payment preferred
Forms, information sheets, links
- Online procedure possible: yes (if available)
- Written form required: no
- Personal appearance required: no
Formulare
Merkblätter
Contact us
Address
Gaststätten und Gewerbeangelegenheiten
Stadthaus Kaiserstraße, Kreyßig-Flügel
Room208 und 209 a
Kaiserstraße 3
55116 Mainz
Postal address
55026 Mainz
Telephone, fax and e-mail address
- +49 6131 12 ext. 2435
- +49 6131 12 ext. 2943
- +49 6131 12 ext. 3010
- gewerbeerlaubnissestadt.mainzde
Your way to us
Contact persons
| Mr. Marcus BraunCommercial matters requiring a license | Letter range: A–K | +49 6131 12 ext. 2435 | |
| Mr. Jaouad El BakkalCommercial matters requiring a license | Letter range: L–Z | +49 6131 12 ext. 2943 |
Opening hours
Business registration office opening hours
- Monday and Tuesday from 9 a.m. to 12 p.m.
- Thursday from 1:30 p.m. to 4 p.m.
- Closed on Wednesdays and Fridays
Accessibility
Information on accessibility
- Barrier-free access is available
- The WC is barrier-free
Wheelchair-accessible WC available (5th floor Kreyßig wing, first floor Lauteren wing).