Legal advice on starting a security business: how to set up a security company?

Our company has been providing legal support and assistance in obtaining Security Services Licenses for years. To save time and potential profits, our Clients often ask us to arrange everything for starting a security business on a turnkey basis. This service includes:

• Registration of a legal entity or individual entrepreneurship;
• Obtainment of a Security Services License;
• Submission of all necessary documents to the tax and other state authorities, etc.

During our practice we heard a lot of questions about the activities of security firms, which we divided into typical groups. Today we will answer the questions you may have about the registration of a security company.

Related article: Your Security Services License Is Revoked: What To Do And How To Avoid Such A Situation?

How to better register your security business: an LLC or individual entrepreneurship?

The licensing requirements are the same for all forms of incorporation, therefore, the procedure for obtaining the Security Services License is the same for both individual entrepreneurs and LLCs.

But when choosing a form of incorporation for the future security business, one shall consider the following factors:

• expediency of the taxation system and signing of document. For example, in case of an LLC, you can appoint a hired manager who will sign documents. However, individual entrepreneurs shall personally sign all the documents related to their activities;
• image-building (marketing) points. For example, the name “Security Company Lightning Tiger”, LLC sounds more solid than “you are served by the individual entrepreneur Ivanov”;
• if necessary, the corporate rights to the company can be sold, which is impossible in case of an individual entrepreneurship.

Related article: Security Services For The Restricted Access Facilities: What Is The Right Way To Register Them Officially?

How long and what does the procedure for obtaining a Security Services License take?

It takes up to ten business days from the documents submission date until the receipt of the decision to issue a license. This period can even be shortened if documents are prepared in advance and submitted shortly before the nearest licensing commission.

Our lawyers offer several options for obtaining a Security Services License:

• The Client chooses a security activities specialist and personally obtains all related documents required by the licensing regulations. After that we proceed to obtaining the license.
• During the preliminary consultation, the Client provides us with copies of the documents of all potential candidates for a specialist engaged in the organization of security activities. We provide recommendations as to whether a particular candidate meets or doesn’t meet the requirements. If yes, we continue our cooperation with the Client on obtaining the license.
• We provide our security activities specialist. In this case, the Client only needs to provide us with the EDRPOU code/individual taxpayer number and a copy of the director’s passport (or his/her personal passport, in case of an individual entrepreneur).

The Client chooses the most convenient option for cooperation with us.

Related article: Public Formations For The Protection Of Public Order And The State Border: Special Aspects Of Registration

The entire procedure of obtaining a Security Services License is as follows:

1. The Client provides us with copies of all the documents required to obtain the license;
2. Our employees prepare and send the Client the documents for signing;
3. We submit documents signed by the Client to the Licensing Department of the Ministry of Internal Affairs of Ukraine and monitor the results of their processing;
4. The decision on license issue is published on the website of the Ministry of Internal Affairs no more than 10 working days following the documents submission. In fact, this decision is the license itself, as pursuant to the law of Ukraine, the paper license has not been issued for several years.

In case of obtaining the license with our security activities specialist - how long can he be on the company’s staff?

We provide our security activities specialist to help you quickly obtain the license, because the search for a candidate and obtaining the appropriate certificates for him takes extra time.

You should not postpone the start of the company for such reasons. Processes of obtainment of the licence and search of the security activities specialist, as well as obtainment of all the necessary certificates for such a specialist can and should go in parallel.

Our specialist can be on the company’s staff for as long as you need to find your permanent security specialist. As soon as such specialist is found, you can replace our specialist with yours. The law of Ukraine contains no provisions that require the specialist, specified in the documents for obtaining the license, to work in the company until its termination.

Related article: In What Cases Has One A Right Not To Allow A licensing Authority To Checking A Security Guard Company?

Can a security activities specialist be a foreign national?

The licensing regulations do not expressly prohibit foreigners from holding this position, but the list of documents to be submitted for obtaining the license contains the specialist’s passport of a citizen of Ukraine. In this view, only a citizen of Ukraine can be a security activities specialist.

You can get answers to all your questions during the legal consultation on registration of a security firm or obtainment of a Security Services License.

If you want to start a security company and need legal support and assistance in obtaining a Security Services License, don’t hesitate to call us!