Auctioneering trade; application for a license by non-EU citizens

If you want to auction off third-party movable property, third-party land or third-party rights on a commercial basis, you need a permit.

Description

Prerequisites

In principle, a residence permit is required that allows self-employment.

Permit requirements are reliability and orderly financial circumstances of the trader.

With regard to reliability, applicants are generally required to submit an official certificate of good conduct or good character or an extract from the criminal record of their home country or an equivalent document and/or a certificate of good conduct for authorities and information from the central trade register. If, based on the foreigner's previous residence, it can be assumed that the aforementioned certificates and proofs no longer or not yet contain facts of significance under trade law, the foreign or German certificates may be waived.

The orderly financial circumstances are determined on the basis of a certificate of freedom from insolvency from the home country and, if applicable, 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

  • Non-EU foreign nationals: Residence title permitting self-employed (independent) activities

  • valid identity card or passport

  • Proof of reliability

    Official certificate of good conduct or extract from the criminal record of the home country or an equivalent document and/or a certificate of good conduct for public authorities (Section 30 (5) of the Federal Central Register Act) and information from the Central Trade Register (Section 150 (5) of the Trade, Commerce and Industry Regulation Act).

  • proof of financial standing

    Certificate of exemption from insolvency from the home state and, if applicable, 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 euros in accordance with the Schedule of Costs under the Costs Act (Tariff No. 5.III.5/13.1)

Status:03.01.2024

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

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