Auctioneer trade; application for a permit by EU citizens

The auction of another's movable property, land or rights subject to permission. Movable things also include fruit on the stalk and wood on the trunk.

The auctioneer is generally subject to certain prohibitions, e.g. he may not himself or through another bid for himself at his auctions or buy auction goods entrusted to him or auction movable goods from among the goods he carries in his commercial business, unless this is customary.

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

• to prepare no later than two weeks before the auction a list of the items to be auctioned, in which the auctioned property of each client is to be uniformly identified
• each auction no later than two weeks before the prospective auction date of the competent authority and the Chamber of Commerce and Industry, in whose district the auction is to take place, in writing, stating the place and time of the auction as well as the type of goods to be auctioned
• give the auctioneer the opportunity to inspect the auctioned goods for a period of at least two hours
• keep a record of each auction order and its handling

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

Specially knowledgeable auctioneers other than legal entities may be publicly appointed by the competent authority (see under "Related Topics").

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

• which are reserved there for persons who have expertise essentially corresponding to the special expertise, or
• has worked full-time as an expert auctioneer in two of the last ten years and it is clear from the evidence submitted that the applicant has above-average expertise, which essentially corresponds to the special expertise of § 34 b para. 5 GewO,

his expertise is to be recognized.

In the event of significant deviations in the content of the previous training or activity of the applicant from the contents of § 34 para 5 GewO, the applicant may be required to take an aptitude test or an adaptation course at his option.

The authorities have information and inspection rights vis-à-vis traders. At the request of the authorities, those concerned must provide the information necessary for monitoring business operations. Furthermore, the authorities are authorized to enter the business premises in order to carry out inspections and inspections there.

In addition to obtaining permission, the trade must be reported to the relevant municipality.

Permit requirements are reliability and orderly financial circumstances of the tradesman.

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. The documents may be required to be submitted as certified copies and certified German translations. If such documents are not issued in the country of origin, they may be replaced by an affirmation in lieu of oath by the trader or comparable acts under the law of the country of origin.

Upon application for public appointment, certificates of education and qualification of the home state shall be submitted. If applicable, an aptitude test or an adaptation course is required.

• valid identity card or passport
• Proof of good standing from the country of origin in the form of a certified copy and a certified German translation;
  If necessary, replacement by affirmation in lieu of oath or similar acts
• Proof of orderly financial circumstances from the country of origin in the form of a certified copy and a certified German translation;
  If necessary, replacement by affirmation in lieu of oath or similar acts
• Documents for auctioneer in case of registered company, civil law partnership or limited liability company
  in the case of registered companies, an excerpt from the commercial register or comparable registration documents from abroad (with German translation) in the case of civil law companies, the articles of association in the case of a limited liability company in the process of formation, a copy of the notarial deed of formation and a power of attorney of the founders, according to which the commencement of business is to be commenced prior to the entry in the Commercial Register
• In the case of an application for a public appointment: proof of education and qualifications from the country of origin; if applicable, proof of aptitude test or adaptation course
• in case of power of attorney: a written power of attorney and identification of the grantor of the power of attorney and the authorized representative

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