Auctioneer trade; application for a permit

The auction of foreign movable property, foreign land or foreign rights is 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, the permit 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").

The authorities have against traders after information and inspection rights. At the request of the authorities, the parties concerned must provide the information required for the monitoring of 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 of the applicant is checked on the basis of a certificate of good conduct for public authorities and information from the central business register.

The orderly financial circumstances are determined on the basis of information on entries in the register to be kept by the insolvency court or the enforcement court.

• valid identity card or passport
• Proof of reliability: certificate of good conduct for public authorities (§ 30 para. 5 Federal Central Register Act) and information from the Central Trade Register (§ 150 para. 5 GewO)
• Proof of orderly financial circumstances
  Information on entries in the register to be kept by the insolvency court or the enforcement court (section 26 (2) of the Insolvency Code, section 915 of the Code of Civil Procedure)
• 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
• for registered companies, civil law companies and limited liability companies:
  
  • for registered companies: Commercial register excerpt or comparable registration documents from abroad (with German translation),
  • for companies under civil law: articles of association,
  • for a limited liability company in formation: a copy of the notarial formation agreement and a power of attorney of the founders, according to which the start of the trade should be recorded before the commercial register entry.
  .

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