Application for particularly knowledgeable auctioneers Public order and swearing-in

If you want to hold public auctions (compulsory deposit sales or emergency sales), you will need a public order. The owner of the auctioned goods has no influence on the price and the minimum bid and must therefore be able to rely on the fact that his property interests are exercised in a particularly qualified manner at the auction. The order may be pronounced in general or limited to certain types of auctions, insofar as there is a need for auctionservices. It may also be limited in content, limited in time limit and subject to conditions. The order is valid for the entire federal territory. As a publicly appointed auctioneer, you will be sworn in to ensure that you perform your duties conscientiously, without instructions and impartially.

Application In addition to your application, you must submit the following documents: Identity card or passport Resume Copies of certificates Proof of auctioneer's licence in accordance with Section 34b (1) GewO Evidence of special expertise (documentation of performed work, e.g. expert reports drawn up, list of auctions carried out) possible confirmation of proof of special expertise by a neutral and competent body (e.B. Ihk Bonn/Rhein-Sieg) Proof of professional inertial insurance Certificate of safety from the tax office Information from the debtor register of the district court Information from the insolvency register of the district court police certificate of leadership Business registration


Preconditions
the applicant is a natural person Approval for auctions in accordance with Section 34b (1) of the Commercial Code (GewO) in the case of general public order and swearing-in: special expertise (i.e., above-average expertise and experience in the evaluation of movable objects of the normally equipped household, as typically handed over to pawn shops for the purpose of lending, such as carpets, fur jewellery, furniture, art and household goods) in the case of public appointment and swearing-in for certain types of auctions: proof of special knowledge in the field for which the public appointment and swearing-in has been requested Knowledge of all relevant provisions of the Trade Code, the Auctioneers Ordinance, the Commercial Code and the Civil Code relating to the competences, rights and obligations of an auctioneer Usually five years of activity as auctioneer with proof that in each of the five years a significant number of auctions have been carried out independently They must have proved to be particularly trustworthy in the number of years in which the auctioneers have been able to carry out their business. There must be no slight estinest objection to suitability as a publicly appointed and sworn auctioneer. They must provide the guarantee of impartiality and independence, as well as compliance with the duties of a publicly appointed and sworn auctioneer and live in orderly economic conditions. possible: a certain minimum age (may be determined by the authority).
Section 34b paragraph 5 Commercial Code (GewO)

You request your public order in writing, specifying whether you want to be ordered in general or only for certain types of auctions, i.e. for a specific subject area. The competent authority shall check whether you meet the requirements on the basis of your information and the documents submitted. NOTE: In order to verify the expertise, the competent body may obtain references, obtain documentation of the auctions carried out and seek comments from third parties or a specialist body. If you meet the requirements for the public order, you will be sworn in and will receive an order certificate and the order notice.

Responsible for the content
Ministry of Economy and Energy

Last update or date of publication
08.05.2019