Auctioneer's Business Permit
Anyone who wants to auction off foreign movable property, foreign land or third-party rights for commercial use requires the permission of the competent authority. The authorisation may be subject to conditions if this is necessary for the protection of the general public, the contracting authority or the tenderer. In the case of partnerships (e.B. OHG, KG), trader is any managing partner. In the case of legal entities (e.B. GmbH, AG), permission is granted by the legal entity. As an auctioneer, you may not: offer for yourself or at your auctions for yourself or through another person, or buy auction goods entrusted to you, allow relatives or your employees to bid at your auctions or to purchase auction goods entrusted to you, offer for another person at your auctions or buy you entrusted auction goods, unless there is a written request from the other person, auction movable goods from the range of goods that you carry in your commercial business, if this is not customary, Auction items, where you have a lien or if they are among the goods which you offer in open outlets and which are unused or whose intended use consists in their consumption (consumer goods).
Identity card or similar identification document (copy) Non-EU citizens: residence permit (copy) Proof of corporate legal form Headquarters in Germany: Commercial register extract for registered company where applicable, a copy of the partnership agreement (e.B. in the case of a company under civil law (GbR)) Headquarters abroad: documents from this country proving the legal form Proof of personal reliability Residence in Germany: Certificate of leadership Extract from the Central Trade Register for natural and, if necessary, legal person Residence abroad: Documents from your home country that prove that you have the personal reliability to perform the desired service The Authority may request further documents on a case-by-case basis that are likely to make a statement about your personal reliability as an applicant. Proof of orderly financial circumstances Residence in Germany: Extract from the debtor's register Certificate of insolvency court Certificate of the Tax Office in tax matters Residence abroad: Documents from your home country proving that you live in an orderly financial situation
Prerequisites are: personal reliability and orderly financial circumstances. You will not be allowed to facts justify the assumption that you, as the applicant, do not have the reliability required for the business. As a rule, you do not have the necessary reliability if you have been convicted of a crime or theft, embezzlement, extortion, fraud, infidelity, money laundering, forgery of documents, stealing, usury or for a violation of the law against unfair competition in the last five years. you, as the applicant, live in disorderly financial circumstances. This is usually the case if the insolvency proceedings have been opened concerning your assets or if you are entered in the register maintained by the insolvency court or the enforcement court.
In addition to obtaining permission, you must report the trade to the local authority. The authorities have access and review rights to traders. At the request of the authorities, the persons concerned must provide the information necessary for the supervision of the business. In addition, the authorities are authorised to enter the premises for inspections and inspections. Furthermore, as an auctioneer, you are subject to the requirements of the Auctioneers Ordinance (VerstV). You must e.B. in principle, to draw up a list of the goods to be auctioned no later than two weeks before the auction, in which the auctioned goods of each contracting authority must be identified uniformly notice each auction in writing, indicating the place and time of the auction and the type of goods to be auctioned, in writing, at the latest two weeks before the scheduled auction date of the competent authority and the Chamber of Commerce and Industry in whose district the auction is to take place. give the auctioneers the opportunity to inspect the auction for a period of at least two hours. keep a book of each auction order and its execution The competent authority shall, on request, generally appoint particularly competent auctioneers to the public for certain types of auctions. As a publicly appointed auctioneer, you must take an oath that you will perform your duties conscientiously and impartially.
You must apply for permission for auctions in writing or in person from the competent authority. After the exam, you will receive either a permit or a rejection notice. Permission may be subject to certain conditions.
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Bavarian State Ministry for Economic Affairs, Regional Development and Energy
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