Auction; Application for Appointment as Specially Qualified Auctioneer
If you wish to conduct public auctions (forced pledge sales or distress sales), you must have been publicly appointed by the competent authority.
If you, as a commercial auctioneer or his employee, wish to conduct public auctions in the cases provided for by law (e.g. Sections 383 (3), 966 (2), 1233 (2), 1235 (1) of the Civil Code and Sections 373, 376 of the Commercial Code), you require a public appointment for this purpose. The owner of the auctioned property 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 safeguarded by the auctioneer in a particularly qualified manner. For this reason, the appointment as public auctioneer requires proof of special expertise, which is demonstrated, for example, by well-founded specialist knowledge, extensive professional experience and special trustworthiness.
The public appointment can either entitle the holder to conduct public auctions in general or be limited to certain types of auctions (e.g. real estate, carpets, art).
As publicly appointed auctioneers, you are sworn to perform your duties conscientiously, free of instructions and impartially. The appointment is valid for the whole of Germany.
- 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 the 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
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, 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
Responsible for editing: Bayerisches Staatsministerium für Wirtschaft, Landesentwicklung und Energie
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