Auctioneering business - apply for a permit

Prerequisites

• personal reliability and
• orderly financial circumstances.

They do n't get permission though

• Facts justify the assumption that you as the applicant do not have the reliability that is necessary for business operations.
  As a rule, you do not have the required reliability if you have committed a crime or theft, embezzlement, extortion, fraud, breach of trust, money laundering, forgery of documents, stolen goods, usury or a violation of the law against the unfair person in the last five years prior to filing the application Competition have been sentenced to imprisonment.
• As the applicant, you are living in a disordered financial situation.
  This is usually the case when insolvency proceedings have been opened against your assets or you are entered in the register kept by the bankruptcy court or the enforcement court.

Note: On request, the competent authority appoints particularly knowledgeable auctioneers in general publicly for certain types of auctions. As a publicly appointed auctioneer, you must take an oath that you will perform your duties conscientiously and impartially.

As an auctioneer, you are not allowed to:

• bid at your auctions yourself or through someone else for yourself or buy auction goods entrusted to you,
• Allow relatives or employees to bid at your auctions or to buy auction goods entrusted to you.
• Bid for another person at your auctions or buy auction goods entrusted to you, unless there is a written bid from the other person,
• auction movable items from the group of goods that you carry in your commercial business, if this is not customary,
• Auction things,
  • in which you have a lien or
  • if they belong to the goods that you offer in open sales outlets and which are unused or whose intended use is their consumption (consumer goods).

Documents required

• ID card or passport with the last one
• Registration certificate
• Certificate in tax matters,
• Certificate of good conduct for authorities,
• Extract from the central trade register,
• if applicable, excerpt from the commercial register

Please note

You must apply for permission to auction in writing or in person at the competent authority. If the legal requirements are met, you will be given permission. The competent authority can attach certain conditions to them.

You need a permit if you want to auction the following commercially:

• foreign movable property,
• foreign land or
• foreign rights

The permit can be subject to conditions if this is necessary for protection

• the general public,
• the client or
• the bidder.

Under the same conditions, the authority can also subsequently add, change and supplement requirements.

Deadlines

An application deadline is not stipulated by law. However, we recommend that you submit your application in good time (4 to 6 weeks before the start of the event).

Procedure

 

Processing time

The average processing time is approx. 4 - 6 weeks.

Fees

170 EUR to 270 EUR (to be paid upon application).

Legal basis

§ 34b Trade Regulations (GewO)