Auctioneer trade; application for a permit

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

Description

The auction of other people's movable property, other people's land or other people's rights is subject to permission. Movable property also includes fruit on the stalk and wood on the trunk.

The auctioneer is generally subject to certain prohibitions, e.g. he may not himself or through another bid for himself 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 at the latest 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").

The authorities have rights of information and inspection 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 the permit, the trade must be notified to the relevant municipality.

Prerequisites

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

The reliability of the applicant is checked on the basis of a certificate of good conduct for public authorities and information from the central commercial register.

The orderly financial circumstances are determined on the basis of information on entries in the register to be kept by the insolvency court or the enforcement court.

Deadlines

Duration of the procedure approx. 3 - 5 weeks

Required documents

  • valid identity card or passport
  • Proof of reliability: Certificate of good conduct for public authorities (§ 30 Para. 5 Federal Central Register Act) and information from the Central Trade Register (§ 150 Para. 5 GewO)
  • proof of financial standing

    information on entries in the register to be kept by the insolvency court or the enforcement court (section 26 subs. 2 Insolvency Code, section 915 Code of Civil Procedure)

  • 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
  • for registered companies, civil law companies and limited liability companies:

    • for registered companies: Commercial register excerpt or comparable registration documents from abroad (with German translation),
    • in the case of companies under civil law: articles of association,
    • in the case of a GmbH in the process of formation: a copy of the notarial formation agreement and a power of attorney from the founders, according to which the commencement of the trade is to be commenced prior to the entry in the commercial register.

Fees

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

Status: 15.11.2022

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

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