Auctioneers' trade, public appointment and swearing-in of specially qualified persons

Appointment of specially qualified auctioneers pursuant to Section 34b (5) of the German Trade, Commerce and Industry Regulation Act (GewO).

Public auctions in the form of lien sales and distress sales may only be conducted by publicly appointed auctioneers.

Pledge sales and distress sales shall be compulsorily ordered and conducted. 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 fact that his property interests are safeguarded in a particularly qualified manner at the auction.

Particularly qualified auctioneers may be publicly appointed in general upon application. The application may be filed only by (professionally active) natural persons and employees of auctioneers, but not by legal entities.

The appointment may be general or limited to certain types of auctions, provided that there is a need for auctioneer services for these. The appointment may also be limited in content, limited in time and subject to conditions. The appointment is valid for the whole of Germany.

Publicly appointed auctioneers shall be sworn to perform their duties conscientiously, without instructions and impartially.

Single Point of Contact

For this procedure, you can use the service of the Single Point of Contact (Einheitlicher Ansprechpartner). They will guide you through the administrative procedure, take care of correspondence with all the offices responsible for your request and will be available to you as a competent advisor.

Onlineantrag und Formulare

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Service details

Prerequisite

  • the applicant is a natural person
  • Existence of the permission for auctions according to § 34b Abs.1 GewO (German Trade Regulation Act)
  • in the case of general public appointment and swearing-in: special expertise (i.e., above-average knowledge and experience in the valuation of movable objects of the normally equipped household, such as are typically handed over to pawnshops for the purpose of lending, e.g. carpets, furs, jewelry, furniture, art and household effects)
  • In case of public appointment and swearing-in for certain types of auctions: Proof of special knowledge in the field for which the public appointment and swearing-in has been applied for.
  • knowledge of all relevant provisions of the Trade Regulation Act, the Auctioneers' Ordinance, the Commercial Code and the Civil Code concerning the responsibilities, rights and duties of an auctioneer
  • several years of professional experience as an auctioneer (conducting several auctions per year)
  • the applicant must have proven himself/herself to be particularly trustworthy in several years of faultless practice of the auctioneer's trade
  • There must not be the slightest doubts about the applicant's suitability as a publicly appointed and sworn auctioneer. He or she must be able to guarantee impartiality and independence as well as compliance with the duties of a publicly appointed and sworn auctioneer and must live in orderly financial circumstances.
  • possibly: certain minimum age (may be determined by the authority).

Procedure

You can submit the application for public appointment in person, in writing or electronically.

  • You must state whether you wish to be appointed generally or only for certain types of auctions, i.e. for a specific subject area.
  • The competent body will check whether you meet the requirements on the basis of the information you provide and the documents submitted.

Note: In order to verify your expertise, the competent body may ask for references, obtain documentation on auctions conducted and obtain opinions from third parties or a panel of experts.

  • If you meet the requirements for the public appointment, you will be sworn in and receive a certificate of appointment and the notice of appointment.
  • Costs (fees and expenses) are charged for issuing the notice of appointment.

Required documents

In addition to your application, you must submit the following documents:

  • Identity card or passport
  • Curriculum vitaeTranscripts of certificates
  • Proof of the auctioneer's license according to § 34b Abs.1 GewO (German Trade Regulation Act)
  • Proof of special expertise (documentation of work carried out, e.g. expert opinions prepared, list of auctions held)
  • Possibly confirmation of the proof of special expertise by a neutral and expert body (e.g. IHK Bonn / Rhein-Sieg)
  • Proof of professional liability insurance taken out
  • Certificate in tax matters from the tax office
  • Information from the debtors' register of the local courtInformation from the insolvency register of the local courtcertificate of good conduct from the police

Costs

Legal basis

Release note

Saxon State Ministry of Economics, Labor and Transport,Saxony State Directorate. 22.03.2017