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Operator or director of a private security business carrying out the activities listed in section I of Book IV of the Code of Homeland Security

Latest update: 2021-01

1°. Definition of the activity

a. Definition

The operator or director of a private security b is in charge of the administrative, legal and fiscal management of the company. The private security company can intervene in the following areas:

  • human surveillance or surveillance by electronic security systems or the guarding of movable or immovable property as well as the security of persons in these buildings;
  • video protection;
  • transport of funds;
  • airport security;
  • maintenance and management of automatic teller machines (ATMs);
  • the transport of funds and valuables;
  • the operation of value processing;
  • protection of the physical integrity of persons;
  • protection of ships;
  • remote monitoring;
  • armed surveillance.

For more information: Articles L. 611-1, L. 612-6 to L. 612-8 of the Code of Homeland Security.

b. Competent Centre for business formalities (CFE)

The competent CFE depends on the nature of the structure in which the activity is carried out. Since the activity is commercial in nature, the competent CFE is the chamber of commerce and industry.

Good to know

The activity is considered as commercial when the company has more than ten employees (except in Bas-Rhin, Haut-Rhin and Moselle where the activity remains artisanal regardless of the number of employees of the company. provided that it does not use an industrial process). On the other hand, if the business has ten employees or less, its activity is considered artisanal. Finally, if the professional carries out a purchase-resale activity, his activity will be both commercial and artisanal.

2°. Installation conditions

a. Professional qualifications

To exercise the private security activities of Book I, the professional operator or manager of the establishment must:

  • prove a professional qualification;
  • hold an authorization;
  • have obtained an authorization to exercise (see below “3°. b. Application for authorization to exercise”) separate for their main establishment and for each secondary establishment. These establishments must be registered in the trade and companies register.

In addition, the employees of these establishments must hold a professional card authorizing them to exercise the authorized activity (s).

For more information: Articles L. 612-6 to L. 612-7 of the Code of Homeland Security.

Training

To lead, manage or operate a private security company, the professional must hold either:

  • a professional certification registered in the national directory of professional certifications relating to the activity carried out ( RNCP );
  • a qualification certificate drawn up by the professional branch of the activity of the activity concerned and approved by the Minister of the Interior;
  • a training certificate or a certificate of competence relating to the activity concerned, which is required by a Member State of the European Union or by one of the States party to the Agreement on the European Economic Area to access or exercise this same activity in its territory. If neither access to this activity nor its training are regulated in that State, the person concerned must justify having carried out this activity for at least one year during the last ten years.

To be noted

Judicial police officers justify this aptitude by equivalence. The military, civil servants and state workers of the Ministry of Defense as well as the officers and non-commissioned officers can also prove their professional aptitude to direct or manage such a private security establishment under the conditions set in the decrees of July 11, 2017. relating to the recognition of their aptitude for private surveillance, security and cash transport activities and for private physical protection activities for people .

For more information: decree of June 27, 2017 laying down specifications applicable to initial training in private security activities.

Approval

As soon as he can prove a professional aptitude, the interested party must, to exercise:

  • be of French nationality or a national of a Member State of the European Union (EU) or party to the Agreement on the European Economic Area (EEA);
  • not to have been the subject of a conviction to a correctional or criminal penalty entered in bulletin No. 2 of his criminal record;
  • not be the subject of an expulsion order not repealed or a ban from French territory not fully implemented or a ban to direct, manage, administer or control, directly or indirectly, or a procedure equivalent for the EU national;
  • not to exercise any of the activities listed by decree of the Council of State, incompatible by their nature with those mentioned in Title I of Book VI of the CSI (see below "2°. c. Incompatibilities";
  • not to exercise the activity of private research agent.

Once he fulfills these conditions, he must submit a request for authorization to the competent territorial delegation in view of his place of residence (see below “3°. A. Request for authorization”).

For more information: Article L. 612-7 of the Code of Homeland Security.

Authorization to exercise

To operate an establishment carrying out the activities mentioned in Title I of Book VI of the Code of Homeland Security (CSI), the professional must obtain an administrative authorization to exercise.

To do this, he must not carry out an activity likely to cause a disturbance to public order and must apply for an authorization (see below “3°. B. Request for authorization to practice”).

To be noted

When the activity is carried out in several establishments, a separate authorization must be issued for the main establishment and for each secondary establishment. In addition, the authorization may be withdrawn or suspended for a maximum period of six months if the professional is subject to a criminal sanction or does not meet the conditions for issuing a license. approval, if all or part of the share capital is made up of funds contributed by the perpetrator of a crime or an offense, in the event of non-compliance with the provisions of the CSI, the Entry Code and the residence of foreigners and the right of asylum or the Labor Code.

For more information: Articles L. 612-9 to L. 612-19 of the Code of Homeland Security.

Professional card for the employee

The employee of such an establishment must, to obtain his professional card, meet the following conditions:

  • not have been the subject of a correctional or criminal sentence entered in bulletin No. 2 of his criminal record or an equivalent document for the EU national for reasons incompatible with the exercise of functions;
  • not be the subject of an expulsion order that has not been repealed or a ban from French territory that has not been fully implemented;
  • must not act in a manner contrary to honor, probity or good morals or behave in such a way as to undermine the security of property and persons in view of the results of an administrative investigation and consultation of personal data files managed by the police and gendarmerie services;
  • prove their professional aptitude and, if necessary, obtain prior authorization in order to access training;
  • for foreign nationals, have a residence permit authorizing them to exercise a professional activity in the national territory.

To be noted

The agents assigned to screening operations of people, objects they transport and baggage must be of French nationality or national of a Member State of the European Union in accordance with article L6342-4 of the Code of Civil Aviation.

To be noted

To obtain the renewal of their professional card, the employee must undergo continuing training (see below “2°. D. Continuing training with a view to renewing their professional card”).

As soon as he meets these conditions, the employee must make a request for the issue of a professional card (see below “3°. C. Request for the employee to obtain a professional card”).

For more information: Articles L. 612-20 to L. 612-21 of the Code of Homeland Security.

b. Professional qualifications - European nationals (Free Provision of Services (LPS) or Freedom of establishment)

With a view to the freedom to provide services

No specific provision is made for the national of a Member State of the EU or of the EEA to exercise the activities mentioned in Title I of Book VI of the Code of Homeland Security (CSI) on a temporary basis. and occasional in France.

As such, the national is subject to the same requirements as the French national (see above "2°. Installation conditions").

With a view to Freedom of establishment

Any national of an EU or EEA member state legally established in that state and exercising the activities mentioned in Title I of Book VI of the Code of Homeland Security may exercise the same activities in France on a permanent basis, and this, without being registered with the RCS.

Where applicable, the local accreditation and control commission of Ile-de-France Ouest may issue the professional's authorization to practice as soon as he is legally established in that Member State to carry out this activity and justifications it produces are equivalent to those required in France.

For more information: Articles L. 612-1 and L. 612-24 to L. 612-25 of the Code of Homeland Security.

c. Conditions of good repute and insurance

Incompatibilities

The professional must under no circumstances perform a service to monitor a person's political, philosophical or religious opinions or trade union membership or interfere in the course of a labor dispute.

Insurance

The professional must take out professional liability insurance against the risks linked to the exercise of his professional activity.

For more information: Articles L. 612-2 to L. 612-5 of the Code of Homeland Security.

d. Some peculiarities of the regulation of the activity

Continuous training for the renewal of his professional card

The salaried professional wishing to renew his professional card must first complete a training course to maintain and update his skills.

This internship must take place within two years before the expiry of the professional card. Its duration and composition are set out in article 4 of the decree of 27 February 2017 relating to the continuing training of private security agents.

Compliance with safety and accessibility standards

As soon as the premises in which the professional carries out his activity are open to the public, he must ensure compliance with the safety and accessibility standards applicable to all establishments open to the public (ERP).

Thus, preventive measures in the event of fire and access to premises for people with reduced mobility must in particular be taken.

For more information: decree of June 25, 1980 approving the general provisions of the safety regulations against the risks of fire and panic in establishments open to the public (ERP).

You are advised to refer to the Establishment open to the public file for further information.

Compliance with the Code of Ethics

The professional, as a private security actor, is bound to respect the rules applicable to the exercise of his profession. This Code of Ethics applies to any practicing professional whether he is an executive, manager of the company or employee.

In addition, this code must be displayed in a visible manner within the establishment and the operator must give a copy to each of his employees when they are hired, even for a one-off assignment. It is also indicated by reference in the employment contract signed by the parties.

In the event of a breach of these obligations, the professional incurs disciplinary action before the National Council for Private Security Activities.

For more information: Articles L. 634-4, R. 631-1 et seq. Of the Code of Homeland Security.

Transparency obligation

The professional operator must ensure that the name of his establishment specifies that it is an activity of a private nature so as not to confuse it with a public service and in particular the police.

For more information: Article L. 612-3 of the Code of Homeland Security.

3°. Installation procedures and formalities

a. Application for approval

Competent authority

The professional must address his request to the local approval and control commission within the jurisdiction of which his main establishment is located, or for EU nationals, the competent commission for the city of Paris.

Vouchers

The application for approval must include the following documents, accompanied by their translation into French, if applicable:

  • the request form completed and signed;
  • a photocopy of their valid identity document;
  • for foreign managers, a bulletin No. 3 of the criminal record of their country of origin dating less than 3 months
  • proof of professional aptitude;
  • a sworn statement justifying that he does not exercise any activity incompatible with that exercised (cf. article L612-2 of the CSI);
  • a certificate on the honor of non-accumulation of activity for judicial police officers.

Procedure

Approval is issued for a period of five years.

To be noted

The request for renewal of authorization must be sent at least three months before the expiry date of the previous authorization under the same conditions.

For more information: Articles R. 612-1 to R. 612-4 of the Code of Homeland Security; official site of the National Council for Private Security Activities (Cnaps).

b. Application for authorization to practice

Competent authority

The competent authority to issue the authorization to exercise is the local approval and control commission:

  • in whose jurisdiction the French national who is a natural person is registered with the RCS;
  • within the jurisdiction of which its main establishment is located when the request is made by the representative of the legal person and the local committees with territorial jurisdiction for each secondary establishment;
  • having within its jurisdiction the city of Paris when the request comes from a national of the European Union.

Vouchers

The request must include:

  • the exercise authorization request form completed and signed as follows that all the parts indicated;
  • the name and address or the company name of the applicant;
  • his RCS registration number for the legal person applicant;
  • the statutes, the list of founders, administrators, managers or directors of the establishment as well as the distribution of capital and financial holdings;
  • for EU nationals, the authorization to practice issued by that State as well as the form No. 3 of their criminal record or an equivalent.

Procedure

The committee issues the applicant and the registrar who registered with the RCS a receipt for the application if it is complete.

To be noted

Companies wishing to offer enhanced security services (1° bis of L611-1) must request two authorizations from the locally competent Prefecture:

  • an authorization for the acquisition and possession of weapons;
  • a mission authorization.

Agents carrying out an armed mission must have a specific skill.

In addition, officers for the physical protection of persons may be authorized by order of the Minister of the Interior to carry out their activity with a category B or D weapon.

To be noted

The decisions granting or refusing authorization are published in the collection of administrative acts of the department.

For more information: Articles R. 612-9 to R. 612-19 of the Code of Homeland Security; official Cnaps website .

c. Application for the employee to obtain a professional card

Competent authority

The request must be sent by the employee to the local approval and control commission in whose jurisdiction he is domiciled.

Vouchers

His request must include the following documents:

  • for French nationals and those of another member state of the European Union or the European Economic Area, a photocopy of their valid identity card, the place of birth and the applicant's address;
  • the activity for which the issuance of the card is requested;
  • if the applicant is an employee, the name, company name and address of the employer;
  • for the national of a third country, a copy of a valid residence permit allowing the employee to exercise a salaried activity in France;
  • for the foreign national, a copy of the bulletin No. 3 of his criminal record or an equivalent dated less than three months and if necessary accompanied by its translation into French;
  • any document justifying that the applicant has followed one of the initial training courses set out in Article 7 et seq. of the order of 27 June 2017 laying down specifications applicable to initial training in private security activities.

Procedure

Once in possession of his professional card, the employee must communicate the information entered on this card to his employer. The employer then gives the employee a professional card specific to the company mentioning:

  • the identity (surname, first name, date of birth) of the employee;
  • the professional card number issued by the local approval and control commission;
  • the employer's name, company name, address and authorization to practice;
  • in the event of canine activity, the identification number of each dog used.

To be noted

The renewal request (the card is valid for 5 years) must be sent at least three months before the expiration of the previous card under the same conditions.

d. Company declaration formalities

Competent authority

The trader must declare his business, and must make a declaration to the Chamber of Commerce and Industry (CCI) for this.

Vouchers

The interested party must provide the supporting documents required according to the nature of his activity.

Deadlines

The CCI's business formalities center sends the professional a receipt for the missing documents the same day. If necessary, the professional has a period of fifteen days to complete it. Once the file is complete, the CCI indicates to the applicant the organizations to which his file has been sent.

Remedies

The applicant can obtain the restitution of his file if it has not been transmitted within the above deadlines.

As soon as the business formalities center refuses to receive the file, the applicant has an appeal before the administrative court.

Cost

The cost of this declaration depends on the legal form of the company.

For more information: article 635 of the General Tax Code.