Particularly knowledgeable auctioneers Public appointment and swearing-in
If you want to hold public auctions (forced pawn sales or emergency sales), you 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 can be expressed 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 content, set a time limit and subject to conditions. The order is valid for the entire federal territory.
As a publicly appointed auctioneer, you are sworn to perform your duties conscientiously, without instructions and impartially.
Process flow
You apply for your public order in writing, stating whether you would like to be appointed in general 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 documents on the auctions carried out and obtain opinions from third parties or a panel of experts.
If you meet the requirements for the public order, 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 permission for auctions according to § 34b Abs.1 Gewerbeordnung (GewO)
- in the case of general public appointment and swearing-in: special expertise (i.e. above-average expertise and experience in the valuation of movable objects of the normally equipped household, as they are typically handed over to pawnshops for the purpose of mortgaging, e.g. carpets, furs, jewelry, furniture, art and household effects)
- 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 was requested
- Knowledge of all relevant provisions of the Industrial 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 several years of flawless exercise of the auctioneer's trade.
- There must not be the slightest doubt about the suitability as a publicly appointed and sworn auctioneer. They must guarantee impartiality and independence as well as compliance with the duties of a publicly appointed and sworn auctioneer and live in orderly economic conditions.
- possibly: certain minimum age (may 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 testimonies
- Proof of auctioneer's permission according to § 34b Abs.1 GewO
- Proof of special expertise (documentation of work carried out, e.g. expert opinions, list of auctions carried out)
- possibly confirmation of the proof of special expertise by a neutral and competent committee (e.g. IHK 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 district court
- Police clearance certificate
- Business registration
What are the fees?
Costs will be charged for the order.
Technically approved by
no professional release
