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Auctioneer trade - Apply for a permit

Anyone who wants to auction off third-party movable property, third-party land or third-party rights on a commercial basis requires the permission of the competent authority. Authorisation may be subject to conditions if this is necessary for the protection of the general public, contracting entities or tenderers.

In the case of partnerships (e.B. OHG, KG), the trader is every managing partner. In the case of legal entities (e.B. GmbH, AG), the permission of the legal entity is granted.

As an auctioneer, you may not:

  • bid on your auctions yourself or through another person for yourself or buy auction goods entrusted to you,
  • allow relatives or your employees to bid at your auctions or to buy auction goods entrusted to you,
  • bid for another person at your auctions or buy auction goods entrusted to you, unless there is a written bid from the other person,
  • auction movable goods from the circle of goods that you carry in your commercial transaction, if this is not customary,
  • auction things,
    • on which you have a lien or
    • if they are among the goods that you offer in open points of sale and that are unused or whose intended use consists in their consumption (consumer goods).
Process flow

You must apply for permission for auctions in writing or in person to the competent authority.

After the exam, you will receive either permission or a rejection notice. A permit may be subject to certain conditions.

Competent authority

District, district-free cities, large independent cities and independent municipalities

Requirements

Prerequisites are

  • personal reliability and
  • orderly financial circumstances.

You will not receive permission if

  • Facts justify the assumption that you, as the applicant, do not have the reliability required for the business.
    As a rule, you do not have the required reliability if you have been finally sentenced to imprisonment in the last five years before the application was filed for a crime or for theft, embezzlement, extortion, fraud, embezzlement, money laundering, forgery of documents, stealing, usury or for an offence against unfair competition law.
  • As an applicant, you live in disorderly financial circumstances.
    This is usually the case if insolvency proceedings have been opened against your assets or if you are entered in the register kept by the insolvency court or the enforcement court.
Which documents are required?
  • Identity card or comparable identification document (copy)
  • Non-EU citizens: residence permit (copy)
  • Proof of entrepreneurial legal form
    • Headquarters in Germany:
      • Extract from the commercial register for a registered company
      • if applicable, a copy of the articles of association (e.B. in the case of a partnership under civil law (GbR))
    • Company headquarters abroad: documents from this country proving the legal form
  • Proof of personal reliability
    • Residence in Germany:
      • Certificate of good conduct
      • Extract from the Central Trade Register for natural and, if applicable, legal persons
    • Residence abroad: documents from your home country proving that you have the personal reliability to perform the requested service
    • In individual cases, the authority may request further documents that are suitable for making a statement about your personal reliability as an applicant.
  • Proof of orderly financial circumstances
    • Residence in Germany:
      • Extract from the debtor file
      • Certificate from the insolvency court
      • Certificate from the tax office in tax matters
    • Residence abroad: Documents from your home country proving that you live in orderly financial circumstances
What are the fees?

Fee: 0,00 - 437,00 EUR
Payment in advance: No

What deadlines do I have to pay attention to?

You must apply for permission before starting your activity. Only after the permit has been granted are you entitled to exercise the business.

Legal basis
Appeal

If there are legal doubts or concerns about the decision on the permit or details thereof on the part of the addressee (usually the applicant), these can be reviewed by means of an action for an obligation or annulment before the competent administrative court, depending on the legal nature.

In Lower Saxony, a pre-litigation procedure is not provided for by § 80 Nds. Justice Act. Therefore, no objection is admissible, but rather an administrative court action must be brought directly.

What else should I know?

In addition to obtaining permission, you must report the business to the responsible municipality.

The authorities have the right to information and review vis-à-vis traders. At the request of the authorities, the persons concerned must provide the information necessary for the monitoring of business operations. In addition, the authorities are authorised to enter the business premises in order to carry out inspections and inspections there.

Furthermore, as an auctioneer, you are subject to the requirements of the Auctioneer Ordinance (VerstV) when exercising your trade. You must, for example.B.

  • in principle, to draw up a list of the items to be auctioned no later than two weeks before the auction, in which the auctioned goods of each client must be uniformly marked
  • notify each auction in writing to the competent authority and the Chamber of Commerce and Industry in whose district the auction is to take place at the latest two weeks before the envisaged auction date, stating the place and time of the auction and the type of goods to be auctioned.
  • in principle, give the opportunity to inspect the auctioned goods for a period of at least two hours
  • keep records of each auction order and its processing

Upon request, the competent authority shall generally appoint particularly competent auctioneers publicly for certain types of auctions. As a publicly appointed auctioneer, you must take an oath that you will perform your duties conscientiously and impartially.

Technically approved by

Lower Saxony Ministry of Economic Affairs, Labour, Transport and Digitalisation

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

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