Auctioneer trade; application for appointment as a particularly expert auctioneer

If you wish to conduct public auctions (forced pledge sales or distress sales), you must have been publicly appointed by the competent authority.

Description

Prerequisites

  • Applicant is a natural person
  • Existence of the permission for auctions according to § 34b Abs. 1 Gewerbeordnung (GewO) (Trade, Commerce and Industry Regulation Act)
  • in the case of a general public appointment: proof of special expertise (i.e. above-average knowledge and experience in the most important subject areas, e.g. carpets, furs, jewelry, furniture, art, household effects)
  • in case of a public appointment for a special field of expertise: proof of special expertise (see above) for this field of expertise
  • knowledge of all relevant provisions of the GewO, the Auctioneer Ordinance, the Commercial Code and the Civil Code concerning the responsibilities, rights and duties of an auctioneer
  • extensive professional experience as an auctioneer
  • special trustworthiness, demonstrated by conscientious and impartial performance of duties in the past

Procedure

You apply for your public appointment and indicate whether you wish to be appointed generally or only for certain types of auctions, i.e. for a specific subject area. In the latter case, the competent authority checks whether there is a need for public auctions in the intended subject area.

The competent authority checks whether you meet the requirements on the basis of the information you provide and the documents you submit. In order to verify your special expertise, the competent body may ask for references, obtain documentation on auctions held 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.

Required documents

  • Required documents, Bavaria-wide: In addition to your application, you must submit the following documents:

    • Identity card or passport (copy)
    • Curriculum vitae
    • Certificates, further education etc. (copies)
    • Copy of the auctioneer's license according to § 34b para. 1 GewO (German Trade Regulation Act)
    • Proof of special expertise (e.g. list of auctions held to date according to type, location and time)
    • for salaried employees additionally: proof of employment and freedom from instructions from the employer

Fees

  • 50 to 300 EUR according to the Schedule of Costs to the Cost Act (Tariff No. 5.III.5/13.2)

Status:12.10.2023

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

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  • 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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