Auctioneering trade; application for a license by EU citizens

The auctioning of third-party movable property, third-party land or third-party rights is subject to authorization. Movable property also includes fruit on the stalk and wood on the trunk.

The auctioneer is generally subject to certain prohibitions, e.g. he may not bid for himself or through another person at his auctions or purchase auctioned goods entrusted to him or auction movables from the range of goods that he carries in his commercial business, unless this is customary.

Furthermore, the auctioneer is subject to the requirements of the Auctioneers Ordinance (VerstV) when practicing his trade, e.g. he must

• prepare a list of the items to be auctioned no later than two weeks before the auction, in which the auctioned items of each client must be uniformly identified
• notify the competent authority and the Chamber of Industry and Commerce in whose district the auction is to take place in writing of each auction at least two weeks before the planned auction date, stating the place and time of the auction and the type of goods to be auctioned
• provide an opportunity to inspect the goods to be auctioned for at least two hours
• keep a record of each auction order and its execution

In the case of partnerships, each managing partner is a trader; in the case of legal entities, permission is granted to the legal entity.

Auctioneers with special expertise, with the exception of legal entities, can be publicly appointed by the competent authority (see "Related topics").

When assessing the required special expertise, certificates of training and qualification issued in the country of origin must also be recognized. If the applicant is authorized to conduct auctions in the country of origin,

• which are reserved there for persons who have a level of expertise essentially equivalent to the special expertise, or
• has worked full-time as an expert auctioneer for two of the last ten years and the evidence submitted shows that the applicant has above-average expertise that essentially corresponds to the special expertise under Section 34 b (5) GewO,

his expertise shall be recognized.

In the event of significant deviations in the content of the applicant's previous training or activities from the content of § 34 Para. 5 GewO, the applicant may be required to take an aptitude test or an adaptation course at his discretion.

The authorities have rights of information and inspection vis-à-vis tradespeople. At the request of the authorities, the parties concerned must provide the information required to monitor business operations. Furthermore, the authorities are authorized to enter the business premises in order to carry out inspections and visits.

In addition to obtaining a permit, the business must be registered with the responsible municipality.

The prerequisites for a license are the reliability and orderly financial circumstances of the trader.

The reliability and financial circumstances of the trader are verified on the basis of documents issued in the country of origin which prove that the requirements for reliability and orderly financial circumstances are met. It may be required that a certified copy of the documents and a certified German translation be submitted. If such documents are not issued in the country of origin, they can be replaced by an affirmation in lieu of an oath by the trader or comparable acts under the law of the country of origin.

When applying for public appointment, proof of training and qualifications from the country of origin must be submitted. An aptitude test or an adaptation period may be required.

• Valid identity card or passport
• for EU citizens: proof of good repute from the country of origin in the form of a certified copy and a certified German translation;
  Replacement by affidavit in lieu of oath or comparable acts, if applicable
• Proof of orderly financial circumstances
  from the country of origin as a certified copy and certified German translation and, if applicable, information from the insolvency court on freedom from insolvency, information from the debtor register of the central enforcement courts (Section 26 (2) of the Insolvency Code, Sections 882b et seq. of the Code of Civil Procedure), if applicable, replacement by an affidavit in lieu of an oath or similar acts
• Documents for auctioneers with a registered company, civil law partnership or limited liability company
  in the case of registered companies, extract from the commercial register or comparable registration documents from abroad (with German translation) in the case of companies under civil law, articles of association in the case of a GmbH in formation, a copy of the notarized articles of incorporation and a power of attorney from the founders stating that the business is to commence before entry in the commercial register
• If applying for public appointment: Proof of training and qualifications from the country of origin; proof of aptitude test or adaptation course, if applicable
• in the case of power of attorney: a written power of attorney and identification of the principal and the authorized representative

Permit: 50 to 1,000 euros in accordance with the Schedule of Costs under the Costs Act (Tariff No. 5.III.5/13.1)