Auctioneer trade; application for appointment as a particularly competent auctioneer

If you wish to conduct public auctions as a professional auctioneer or its employee in the cases provided for by law (e.g. Sections 383 (3), 966 (2), 1233 (2), 1235 (1) of the German Civil Code and Sections 373, 376 of the German Commercial Code), you require a public appointment to do so. The owner of the auctioned property has no influence on the price and the minimum bid and must therefore be able to rely on the auctioneer to protect his property interests in a particularly qualified manner. Appointment as a public auctioneer therefore requires proof of special expertise, which is demonstrated, for example, by sound specialist knowledge (legal and above-average specialist knowledge), extensive professional experience (spanning several years) and particular trustworthiness.

The public appointment can either entitle the person to conduct public auctions in general or be limited to certain types of auctions (e.g. real estate, carpets, art).

As a publicly appointed auctioneer, you are sworn to perform your duties conscientiously, impartially and free from instructions. The appointment is valid for the whole of Germany.

• Applicant is a natural person
• Possession of a license for auctions in accordance with Section 34b (1) of the Trade, Commerce and Industry Regulation Act (GewO)
• in the case of a general public appointment: proof of special expertise (i.e. above-average knowledge and experience in the most important subject areas, e.g. carpets, furs, jewelry, furniture, art, household goods)
• In the case of public appointment for a special field: proof of special expertise (see above) for this field
• knowledge of all relevant provisions of the GewO, the Auctioneers Ordinance, the Commercial Code and the Civil Code concerning the responsibilities, rights and obligations of an auctioneer
• extensive professional experience as an auctioneer
• particular trustworthiness, as demonstrated by conscientious and impartial performance of duties in the past

You apply for your public appointment and indicate whether you wish to be appointed for general or only certain types of auctions, i.e. for a specific field. In the latter case, the competent authority will check whether there is a need for public auctions in the desired field.

The competent authority will check whether you meet the requirements on the basis of the information you provide and the documents you submit. In order to verify your special expertise, the competent authority may ask for references, obtain documentation on the auctions you have conducted and obtain opinions from third parties or a specialist committee.

If you meet the requirements for public appointment, you will be sworn in and receive a certificate of appointment and the notice of appointment.

• Required documents, Bavaria-wide: In addition to your application, you must submit the following documents:
  
  • Identity card or passport (copy)
  • Curriculum vitae
  • Certificates, further training etc. (copies)
  • Copy of the auctioneer's license according to § 34b para. 1 GewO
  • Proof of special expertise (e.g. list of previous auctions by type, location and time)
  • For employees additionally: proof of employment and freedom from instructions from the employer

EUR 50 to EUR 300 in accordance with the Schedule of Costs under the Costs Act (Tariff No. 5.III.5/13.3)