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Particularly knowledgeable auctioneers Public appointment and swearing-in


If you want to hold public auctions (forced pawn sales or distress sales), you will need a public order for this. The owner of the auctioned item has no influence on the price and the minimum bid and must therefore be able to rely on the fact that his property interests will be represented in a particularly qualified manner at the auction.

The order may be issued in general terms or limited to certain types of auctions, insofar as there is a need for auctioneer services for them. It can also be limited in terms of content, subject to a time limit and subject to conditions. The order is valid for the whole of Germany.

As a publicly appointed auctioneer, you are sworn to perform your duties conscientiously, without instructions and impartially.

Process flow

You apply in writing for your public appointment, specifying whether you wish to be appointed generally or only for certain types of auctions, i.e. for a specific subject area.

The competent authority will check whether you meet the requirements on the basis of your information and the documents submitted.

NOTE: In order to verify expertise, the competent authority may obtain references, obtain documentation on the auctions carried out 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.

Requirements

  • the applicant is a natural person
  • Existence of a permit for auctions in accordance with § 34b (1) of the Industrial Code (GewO)
  • in the case of general public appointment and swearing-in: special expertise (i.e. above-average specialist knowledge and experience in the valuation of movable objects of the normally equipped household, such as those typically handed over to pawnshops for the purpose of collateral, such as carpets, furs, jewellery, furniture, art and household goods)
  • in the 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 requested
  • Knowledge of all relevant provisions of the Trade Code, the Auctioneer's Ordinance, the Commercial Code and the Civil Code concerning the responsibilities, rights and obligations of an auctioneer
  • several years of professional experience as an auctioneer (several auctions per year)
  • They must have proven to be particularly trustworthy in the flawless exercise of the auctioneer's business for several years.
  • There must not be the slightest objection to the suitability as a publicly appointed and sworn auctioneer. They must guarantee the impartiality and independence and compliance with the obligations of a publicly appointed and sworn auctioneer and live in orderly economic conditions.
  • possibly: certain minimum age (to be determined by the authority).

Which documents are required?

  • Application

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

  • Identity card or passport
  • Curriculum vitae
  • Transcripts of certificates
  • Proof of auctioneer's licence according to § 34b Abs.1 GewO
  • Proof of special expertise (documentation of work carried out, e.g. expert reports prepared, list of auctions held)
  • Confirmation of proof of special expertise by a neutral and competent body (e.g. Chamber of Industry and Commerce Bonn/Rhein-Sieg)
  • Proof of professional indemnity insurance
  • Clearance certificate from the tax office
  • Information from the list of debtors of the district court
  • Information from the insolvency register of the local court
  • Police clearance certificate
  • Business Registration

What are the fees?

Costs will be charged for the order.

Technically approved by

no professional approval

Source: Serviceportal Niedersachsen (Portalverbund des Bundes und der Länder)