Guarding trade; application for a permit

Commercial guarding is subject to authorization. Guarding within the meaning of § 34 a of the Trade, Commerce and Industry Regulation Act (GewO) is understood to mean activities aimed at protecting the lives or property of third parties from interference by third parties. 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), each managing partner is a trader and requires a permit. In the case of legal entities, the license is issued to the GmbH or AG.

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

Reliability is checked by the licensing authority in particular on the basis of an unrestricted extract from the Federal Central Register to be obtained by the authority, a statement from the police and the Bavarian State Office for the Protection of the Constitution and an extract from the Central Trade Register to be requested by the applicant.

Only persons (guards) whose reliability has been checked by the authority on the basis of an unrestricted extract from the Federal Central Criminal Register and a statement from the competent police authority and who have also been instructed by the Chamber of Industry and Commerce for at least 40 hours on the legal and technical principles necessary for the exercise of the activity or have successfully completed an examination of expertise at the Chamber of Industry and Commerce may be entrusted with guarding tasks.

For the following security activities, security guards must also successfully pass an examination at the Chamber of Industry and Commerce:

• patrols in public traffic areas or in areas with actual public traffic;
• Protection against shoplifters;
• Security in the entrance area of commercial nightclubs;
• Guarding reception facilities 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, even on a temporary basis, in a managerial capacity;
• Guarding of access-protected major events in a managerial function.

The security company must register the security guards via the security guard register.

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 authorized to enter the business premises in order to carry out inspections and visits.

Please use the secure contact form to reach the responsible office.

You will also find the following additional documents under the forms:

• Application for security guard license § 34a GewO legal person.
• Application for security guard license § 34a GewO natural person.
• Supplement to the application for a legal entity (indication of additional managing directors).
• Notification of new legal representative/operating manager (security industry).

• Reliability of the trader and his staff
• orderly financial circumstances
• Proof of expertise by successfully passing an examination at the IHK
• adequate liability insurance

• Application for security guard license § 34a GewO legal person
• Application for security guard license § 34a GewO natural person
• Supplement to the application for a legal entity (indication of additional managing directors)
• Notification of new legal representative/manager (security industry)

• Guarding permit: EUR 100 to 1500 in accordance with the schedule of costs under the Costs Act (tariff no. 5.III.5/12)
• Central trade register extract: EUR 13 in accordance with the Code of Judicial Administration Costs
• Examination of expertise at the Chamber of Industry and Commerce: approx. 170 EUR
• Training with confirmation (proof of training) at the Chamber of Industry and Commerce: approx. 425 EUR for security personnel (per security guard)

• Ordinance on the Security Services Industry (Bewachungsverordnung - BewachV)
• § 34 a Trade Regulation Act (GewO)

  "Security industry"

Before issuing the permit, the authority will obtain at least one statement from the police and the Bavarian State Office for the Protection of the Constitution as well as an unrestricted extract from the Federal Central Criminal Register.