Establishment of Security and Protection Society
The law governing the conditions for setting up specialized companies for protection and protection is Law on guarding of objectives, goods, values , and protection of persons, republished in 2014.
Under the aforementioned law, security and protection companies are companies governed by Law on societies, which are constituted and operate in accordance with the provisions of this law. These companies have as object of activity the guarding of the goods, the objectives or the values, guarding the transportation of goods and values in conditions of maximum safety, but also the protection of the persons.
The guard and protection services provided by the specialized companies are remunerated on the basis of the contracts concluded with the beneficiaries, and the security and protection companies have the obligation to maintain the records of the contracts in special registers.
The personnel carrying out the specific activity of a security and protection company in Romania can not collect information. If personnel obtain data and information that jeopardizes national security, it is obliged to immediately inform the competent authorities with responsibilities in the field of national security.
The law regulating the conditions for setting up a security and protection company in Romania states that such companies operate on the basis of an authorization which is issued by the General Inspectorate of the Romanian Police with the prior approval of the Romanian Intelligence Service obtained for at least one of three objects of activity specified by law. The operating license can be renewed at 3 years.
The objects of activity that can be based on the functioning of a security and protection company in Romania, according to the legislation in this field, are:
- security services of goods, objectives, and values and consultancy services in the field;
- security services for the transport of goods and valuables, as well as consultancy services in the field;
- specialized personal protection services (bodyguard), as well as consultancy services in the field.
The CAEN code for protection and guarding activities is 8010.
The conditions to be met in order to obtain the operating license of a security and protection company refer to the presentation of the following documents:
- the rules of operation and organization of the company;
- list of material, technical, transport, communications, etc. which will contribute to the endowment of the society, depending on the chosen object of activity;
- proof of registration of the company name as well as of the distinctive marks registered at the State Office for Inventions and Trademarks;
- notification notifying the county council or the General Council of Bucharest about the fact that the company will have its registered office in their area of responsibility;
- proof of payment of the fee required to obtain the operating license;
the professional attestation of persons performing guard and protection activities.
The law establishes that the opinion issued by the county police inspectorate or that of the Bucharest General Police Directorate in whose territorial area the company has its headquarters must be obtained by the head of the company specialized in the activity of protection and protection.
The opinion shall be given to the manager of the company by the competent police unit if:
- has the Romanian citizenship or the citizenship of one of the Member States of the European Union or of the European Economic Area;
- is at least 21 years old;
- is properly trained in his / her duties;
- has good citizenship;
- has not been convicted of intentional offenses.
As it is natural, the head of a security and protection company has the obligation to ensure compliance with the legal provisions as well as with its own regulations regarding the organization and functioning of the company, hiring, controlling and training the necessary personnel, equipping the company with means of intervention and individual defense necessary to carry out the specific activity, but also the port of uniform and distinctive insignia.
However, these types of companies may not use uniforms or identical names or accessories of equipment that are similar or which have the potential to create confusion between them or those of the public authorities or international bodies to which Romania is a party.
The Government, by decision, establishes the equipment of the company’s personnel equipment, which is marked with the name and logo of the company, licensed with the granting of the license.
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