§ 34a GewO

Much like in title the requirement in Germany to operate a security company will require a permit and certain conditions met.

In this article we will explain requirements for security companies in Germany. In order to fulfill these obligations certain permissions will be required. As well as this we will also tell you what to consider when establishing a security guarding company in Germany.

When you need to apply for an official permit according to regulation § 34a GewO.

If you are a self employed operative ofr guard in the security industry you will need an official permit. Legislators will define and adopt security services when ever they provide for provision of security guarding services.

When issuing a permit understanding the need and the how of to protect property,liberty,life and that of physical integrity will be taken into account. other areas will be that of commercial building protection against violence and threat.

Event security as well as secured transport services and transportation of money and goods. On the other side of coin activities that are not of focus on the prevention of attacks are not subject to any form of authorization. Examples we can use in this instance are gatekeepers , stewarding or were there is primary focus on that of visitor care.

German security staff in sectors such as parking management wardens exercise no licensing requirement. There role and definition of it would be one of enforcing car parking restrictions and private parking rules as to suppose that of guard whom would be deemed to actively fend off an attack of physical nature.

Areas for which § 34a GewO applies would be in use of store detectives used in retail guarding environment. Within a retail security guard or officer role requirement to deter theft is prevalent. However this differs in a non commercial environment such as a private investigator where there is no regulatory body in Germany and this differs from other countries in Europe.

Reasons why a 34a GewO permit would be declined.

Examples are as follows

  • Evidence that persons applying for permit do not provide reliability for a private enterprise.
  • The person applying or applicant lives in unbalanced situation or has dysfunctional assets.
  • he / she does not have an examination passed successfully before the Chamber of Commerce and Industry . or any proof of competencies
  • The individual provides no proof of liability public or other in form of insurance.

The above can be expansive enables the auditor to determine suitability of the candidate.

reliability

Pursuant to § 34a (1) GewO , the competent authority shall collect at least the following documents and information for the purposes of the reliability test:

  • an information from the commercial central register according to § 150 Abs. 1 GewO,
  • unlimited information pursuant to § 41 (1) no. 9 of the Federal Central Register of Companies ( police certificate of good conduct ) as well as
  • an opinion of the local authority of the National Police,or of a central police station or of the competent Land Criminal Police Office, as to whether and what factual indications are known which may give rise to concerns about reliability .

In addition, the licensing authority can obtain information about the applicant from the constitution protection of the respective federal state.

A structured and accepted financial circumstance.

The licensing authority has to convince itself that the applicant lives in orderly economic conditions, is not specified by § 34a GewO. This is at the discretion of the authority . 

The requirements can therefore vary from one federal state or area to another and, in some federal states, even from one municipality to another. As a rule, however, the debtor directory is inspected ex official and information is obtained from the insolvency court . Some licensing authorities also require a clearance certificate , issued by the tax office and the health insurance company.

However, the authority may not obtain information from private credit bureaus such as the Schufa. A negative Schufa entry is therefore completely irrelevant. In addition, the permit authority usually does not obtain information from any form of foreign authorities. An entry in a foreign certificate of good conduct or a foreign debtor or bankruptcy register therefore usually has no consequences.Therefore is discarded this rule is often applicable across Europe.

Competence certificate

The certificate of competence is provided by an examination at the Chamber of Commerce and Industry. The Chambers will issue awareness on the dates via website homepage.

Anyone can sign up for this exam process, there is no requirement for previous qualifications in Germany or that of overseas qualifications to start this test. Education is not taken into consideration. The IHK will only validate that of personal details.

The paper exam consists of two parts an Oral part and then a written part. These two modules are to be completed in one day. In module for which is written as in a drivers exam in Germany there is multiple questions. The applicant or candidate cannot pass up on these questions as they are mandatory.

Applicants will need to show an understanding of following knowledge based questions in module.

  • Commercial Law
  • Civil right
  • Law on Crime
  • understanding of protection of data
  • understanding of penal and criminal procedures and their codes.
  • Accident prevention regs that are specific to security company or security guarding industry.
  • Degree of social consciousness through diversity and de-escalating flash-points.
  • Understanding of safety through technological means.

This examination is then governed by a “master plan” this can differ through variations in chamber.

Professional groups exempted from the examination of special subjects

  • Persons who have successfully passed the career tests for at least the middle police service, the Federal Border Police or the correctional service,
  • former army field fighters,
  • Persons with a successfully completed training as a specialist
    in protection and security,
  • Persons with the advanced training “Certified Protection and Security Force”
    or “Master for Protection and Security”

To be distinguished from the subject examination is the instruction . The briefing is mandatory for all employees of security companies who are to be entrusted with the performance of security duties . The legal basis for this is the security order. The briefing includes a minimum of 40 hours of information and costs around 400 euros .

Persons who have passed and passed the examination are exempt from the information. The advantage of the lesson is that no exam needs to be taken and therefore no preparation is necessary. Thus, the competence examination is only more favorable for persons who are familiar with the exam material and do not have to invest in an expensive preparatory course or a time-consuming self-study.

Liability insurance

If you found a security company, you need a liability insurance. The details are regulated by § 6 Guarding Ordinance (BewachV) . The trader therefore has to provide insurance for himself and his employees, which covers losses that may arise for the client or third parties. The insurance must be completed at a German company. The minimum amount of the sum insured according to § 6 para. 2 BewachV per loss event is one million euros for personal injury, 250,000 euros for property damage, 15,000 euros for the loss of guarded property and 12,500 euros for pure financial losses.

Competent Permit Authority

For the application for the permit according to § 34a GewO the municipalities and there either the trade or the public order office are responsible in most federal states . Smaller cities and municipalities often delegate responsibility to the district administration . The municipal administration provides information about the authority to which the application should be submitted.

There is further practices for those that are sole traders or partnerships. Titan security Europe operate security guarding and agency services globally to contact us on your guarding needs please click here.

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