Auction; advertisement
If you wish to hold an auction, you must notify us in writing.
Description
If you are auctioning unused goods, one of the following exceptional reasons must apply:
- The goods come from
- an estate,
- an insolvency estate or
- a closing of a business or
- the goods are sold by public auction on the basis of a statutory provision.
In the case of the auction of agricultural inventory, agricultural and forestry products or livestock, no notification is required.
Procedure
The notification must be submitted in writing or electronically to the district administrative authority responsible for the place of auction.
The following information and documents must be submitted:
- Details of the place and time of the auction,
- Designation of the type of goods,
- Declaration that only used goods are to be auctioned. If there is any doubt about this, you may be asked to provide supporting documents.
- Permission certificate for the auctioneer trade according to § 34 b para. 1 of the Trade, Commerce and Industry Regulation Act (Gewerbeordnung), if it is not already available.
- Indication of the place where the auctioned property is located until the day of the auction,
- indication of the times of inspection.
For the auction of unused items, the following additional information or documents are required:
- If it is a public auction: Proof of public appointment as auctioneer (§ 383 paragraph 3 of the German Civil Code - BGB).
- Reason for the auction as well as names and addresses of the clients,
- Assurance that the auction is not spatially or temporally connected with another sales event. Exception: It is a clearance sale due to business closure.
Special notes
You need a permit for the commercial auctioning of third-party movable property, third-party real estate or third-party rights (for more information, see "Related Topics").
Deadlines
The notification must be made no later than 14 days before the auction date. The date of receipt of your auction notice is decisive for compliance with this deadline.
In exceptional cases, especially in the case of perishable auction goods, the authority may shorten the deadline upon request.
Required documents
-
If applicable, a declaration that only used goods are to be auctioned off
-
If applicable, a certificate of approval for the auctioneer trade in accordance with § 34 b Para. 1 of the Trade, Commerce and Industry Regulation Act (Gewerbeordnung).
-
if applicable, proof of public appointment as auctioneer
Status:08.03.2023
Responsible for editing:Bayerisches Staatsministerium für Wirtschaft, Landesentwicklung und Energie
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