Despite its name, a license for conducting business in the field of personal and property protection does not apply solely to traditional ‘security companies’. Such a license may also be required, for example, for providers of alarm or video surveillance systems.
When is the license required?
A license for personal and property protection is a formal permit that allows a business to operate in the following areas:
Therefore, if an entrepreneur is involved in the installation of alarm systems, video surveillance, or access control systems — and these systems are installed in buildings listed in the aforementioned register — they must obtain a license.
Preparing to apply for a license for personal and property protection services
A license for conducting business in the field of personal and property protection may be obtained by natural persons running a sole proprietorship, legal entities (e.g., limited liability companies or joint-stock companies), organizational units without legal personality (e.g., registered partnerships).
The license is issued by the Minister of the Interior and Administration (Minister Spraw Wewnętrznych i Administracji – MSWiA). However, submitting an application requires thorough preparation, including the collection of all necessary documents.
Key step before submitting the application
Before applying for the license, it is mandatory to obtain entry on the list of qualified physical security personnel or the list of qualified technical security personnel (depending on the specific type of service to be offered (physical security or technical protection, respectively).
In the case of an individual, the question is quite clear, but who should be included on the list if a company is applying for a licence? Generally, such an entry should be made by at least one partner (in the case of a registered partnership – spółka jawna or limited partnership – spółka komandytowa), or a member of the management body, a proxy or representative appointed to manage the activity specified in the licence. Importantly, the other persons authorised to represent the company must not have been convicted of an intentional offence or an intentional fiscal offence.
The entry on the list of qualified physical security personnel or qualified technical protection personnel is made by the competent Provincial Police Commander (Komendant Wojewódzki Policji), with the exception of Warsaw, where this responsibility lies with the Capital City Police Commander (Komendant Stołeczny Policji).
In addition to a number of formal requirements, it is worth remembering that the application for entry must be accompanied by a medical certificate (concerning the candidate’s physical and mental capacity).
What can be expected during the procedure for entry into the list of qualified physical security personnel or qualified technical security personnel?
The authority checks, among other things, the applicant’s clean criminal record, his legal capacity. It is likely that the person applying for such an entry will be visited by a community police office; it also happens that the policeman collects information about the person, e.g. among his neighbours. Therefore, if the application is submitted by the applicant’s representative, it is advisable to indicate in the application the direct contact details of the applicant himself.
Another important point to remember when preparing to apply for the license is the necessity to have the appropriate PKD codes for your business activity:
In the case of a company, these codes are disclosed both in the company’s articles of association (where usually more than 10 codes are listed) and in the National Court Register (KRS) business register (which allows only up to 10 codes to be shown).
It seems that having the appropriate codes listed in the company’s articles of association (even if they are not all disclosed in the KRS register) should not prevent the issuance of the license, although this may depend on the practice of the issuing authority.
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Submitting the License Application – what happens next?
The entire procedure takes approximately 2 months from the moment a complete application is submitted to the Ministry of the Interior and Administration. Before making a decision, the Minister will also request an opinion from the relevant Provincial (or Capital City) Police Commander.
The most work is required in preparing the application for the license. Above all, it is essential to remember the requirements imposed on the applicant’s representatives (including a criminal record and being listed as qualified personnel). Additionally, it is advisable to verify the relevant PKD codes related to the scope of business activity and to visit a doctor to obtain the necessary medical certificate.
Only after fulfilling all these formalities the application for the license can be effectively submitted to the Ministry of the Interior and Administration.
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