Auction; application for permission by EU citizens

If you want to auction off movable property, real estate or rights belonging to third parties, you need a permit.

Description

The auction of foreign movable property, foreign land or foreign rights subject to permission. Movable property also includes fruit on the stalk and timber on the trunk.

The auctioneer is generally subject to certain prohibitions, e.g. he may not bid for himself or through another at his auctions, or purchase auction goods entrusted to him, or auction movable goods from among the goods he carries in his commercial business, unless this is customary.

Furthermore, the auctioneer is subject to the requirements of the Auctioneer Ordinance (VerstV) when carrying out his trade, e.g. he must

  • prepare a list of the items to be auctioned no later than two weeks before the auction, in which the items to be auctioned from each client are to be uniformly identified
  • notify the competent authority and the chamber of industry and commerce in whose district the auction is to be held in writing of each auction at least two weeks before the planned auction date, stating the place and time of the auction and the type of goods to be auctioned off
  • give an opportunity to inspect the goods to be auctioned for a period of at least two hours
  • keep a record of each auction order and its execution.

In the case of partnerships, the trader is any managing partner; in the case of legal entities, the permission is granted to the legal entity.

Particularly competent auctioneers other than legal entities may be publicly appointed by the competent authority (see under "Related Topics").

When assessing the required special expertise, certificates of training and qualification issued in the country of origin must also be recognized. If the applicant is authorized to conduct auctions in the country of origin,

  • which are reserved there for persons possessing a level of expertise substantially equivalent to the special expertise, or
  • has worked full-time as an expert auctioneer in two of the last ten years and the evidence submitted shows that the applicant has above-average expert knowledge which essentially corresponds to the special expert knowledge pursuant to § 34 b, Subsection 5, GewO,

his or her expert knowledge shall be recognized.

In the event of substantial deviations in the content of the applicant's previous training or activity from the content of Section 34(5) GewO, the applicant may be required to take an aptitude test or attend an adaptation course, at the applicant's discretion.

The authorities have information and inspection rights vis-à-vis traders. At the request of the authorities, the persons concerned must provide the information required to monitor business operations. Furthermore, the authorities are authorized to enter the business premises in order to carry out inspections and surveys.

In addition to obtaining permission, the trade must be reported to the relevant municipality.

Prerequisites

The requirements for a license are reliability and orderly financial circumstances of the trader.

The reliability and financial circumstances of the trader are verified on the basis of documents issued in the country of origin which prove that the requirements for reliability and orderly financial circumstances are met. The documents may be required to be submitted as certified copies and certified German translations. If such documents are not issued in the country of origin, they may be replaced by an affirmation in lieu of oath by the trader or comparable acts under the law of the country of origin.

In the case of an application for a public appointment, certificates of training and qualification from the state of origin must be submitted. An aptitude test or an adaptation course may be required.

Deadlines

Duration of the procedure approx. 3 - 5 weeks

Required documents

  • valid identity card or passport
  • Proof of good character from the country of origin in the form of a certified copy and a certified German translation;

    where appropriate, replacement by affirmation in lieu of oath or similar act

  • Proof of orderly financial circumstances from the country of origin in the form of a certified copy and a certified German translation;

    where appropriate, replacement by affirmation in lieu of oath or similar act

  • Documents for auctioneer in case of registered company, civil law partnership or limited liability company

    in the case of registered companies, an excerpt from the commercial register or comparable registration documents from abroad (with German translation) in the case of civil law companies, articles of association in the case of a limited liability company being formed, a copy of the notarial deed of formation and a power of attorney from the founders, according to which the commencement of business is to be commenced before the entry in the commercial register

  • In the case of an application for a public appointment: evidence of training and qualifications from the country of origin; where applicable, evidence of an aptitude test or adaptation period.
  • in the case of a power of attorney: a written power of attorney and identification of the grantor of the power of attorney and the authorized representative

Forms

Please select a location in "Localization" so that the address of the responsible authority can be filled in.

  • Prefillable Form, Bavaria-wide: Formloser Antrag (mit Unterschrift)
    Please note

    This form has to be signed and sent to the responsible authority. You can sign the form manually and send it by email/fax or sign the form electronically with your qualified electronic signature an send it by (secure) email. If the responsible authority has set up a De-Mail account, you can also send the form by De-Mail using an sender-confirmed message.

    Dieser Assistent unterstützt Sie bei der Erstellung eines formlosen Schreibens, wenn die zuständige Stelle kein Antragsformular zur Verfügung stellt.

Fees

  • Permit: 50 to 1,000 Euro according to the cost schedule to the Cost Law (Tariff No. 5.III.5/13.1)

Remedy

Administrative court proceedings; information

administrative claim

Status: 03.08.2022

Responsible for editing: Bayerisches Staatsministerium für Wirtschaft, Landesentwicklung und Energie

Contains machine translated content. Show the original content

  • Online transactions, Bavaria-wide
  • Online transactions, locally limited
  • Form, Bavaria-wide
  • Form, locally limited
  • Prefillable Form, Bavaria-wide
  • Legal bases, Bavaria-wide
  • Legal bases, locally limited
  • Fees, Bavaria-wide
  • Fees, locally limited
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Responsible for you

If you select a location under "Localization" the contact details of the responsible authority and, if applicable, locally valid information will be displayed.