Auctioneering business - apply for a permit

Prerequisites

• personal reliability and
• orderly financial circumstances.

You receiveno permission if

• Facts justify the assumption that you, as the applicant, do not possess the reliability required for the business operation.
  You generally do not possess the required reliability if, in the last five years before submitting the application, you have been convicted and sentenced to imprisonment for a crime or theft, embezzlement, extortion, fraud, breach of trust, money laundering, forgery, receiving stolen goods, usury or for an offense against the law against unfair competition.
• You, as the applicant, are living in disorderly financial circumstances.
  This is usually the case if insolvency proceedings have been opened against your assets or if you are listed in the register maintained by the insolvency court or the enforcement court.

Note : Upon application, the competent authority appoints specially qualified auctioneers to the public for specific types of auctions. As a publicly appointed auctioneer, you must swear 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 another person on your behalf, or purchase auction goods entrusted to you,
• Allow family members or your employees to bid at your auctions or to purchase auction items entrusted to you.
• You may not bid on behalf of another person at your auctions or purchase auction items entrusted to you, unless a written bid from that other person is available.
• Auctioning off movable items from the range of goods you carry in your business, if this is not customary,
• Auctioning off items,
  • on which you have a lien or
  • if they are among the goods that you offer in open sales outlets and that are unused or whose intended use consists of their consumption (consumer goods).

Documents required

• Identity card or passport with latest registration certificate
• Non-EU citizens: Residence permit
• Certificate in tax matters
• Certificate of good conduct for submission to an authority (can be requested from the responsible authority against reimbursement of costs (13 EUR each))
• Information from the Central Business Register for submission to an authority (can be requested from the responsible authority against reimbursement of costs (13 EUR each))
• If applicable, extract from the commercial register

Please note

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

• other people's movable property,
• foreign properties or
• foreign rights

The permit may 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, amend, and supplement requirements.

Deadlines

Applications should be submitted 4 to 6 weeks before the event begins.

Procedure

• You must apply for permission to hold auctions in writing to the responsible department for consumer protection, trade and environment.
• You submit all required documents along with your written application to your local district office – specifically the department for consumer protection, trade, and the environment. Your application will then be reviewed by this department.
• If all requirements are met, you will receive the permit.

Processing time

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

Fees

180 EUR to 280 EUR

Legal remedies

Contradiction

Legal basis

Section 34b of the Trade Regulation Act (GewO)