Commercial Auctions - Advertisement (Section 3 VerstV)

1. The auctioneer shall notify each auction in writing with the information referred to in paragraph 2 to the competent authority and the Chamber of Commerce and Industry in whose district the auction is to take place no later than two weeks before the planned auction date. In exceptional cases, in particular in the case of perishable auctioned goods, the Authority may shorten the time limit on request. No notification is required for the auction of agricultural inventory, agricultural and forestry products or livestock. 2. The notification shall indicate the place and time of the auction and the type of goods to be auctioned. In the cases referred to in the first sentence of Section 6 (1), the cause of the auction and the name and address of the contracting entities shall be indicated. (2a) If, in the cases referred to in Section 6 (1) sentence 1 No. 1 and 2, the auctioneer only recognizes, after reimbursement of the notification referred to in paragraph 1, that individual items belong to the estate to be auctioned or to the auctioned insolvency estate or to the discontinued business, he may auction these items if he immediately reports this to the competent authority and the Chamber of Commerce and Industry, with reference to the notification made in accordance with paragraph 1. 3. A new auction at the place of the previous auction may not begin until the previous auction has been completed at least five days ago. None of the auctions may exceed the duration of six days. In individual cases, in particular in the case of land auctions, the competent authority may, where appropriate, after obtaining an opinion from the local Chamber of Commerce and Industry, allow exceptions to the time limits set out in sentences 1 and 2. (4) The auctioneer shall, on request, to release further necessary documents and information to allow a pre-inspection of the auctioned goods to prove in detail that the auctioned goods are second-hand goods (5) Section 56a(2) of the German Commercial Code does not apply to auctions in the travel industry.

The display is displayed with the information The place and time of the auction and Class of goods to be auctioned and make it in writing. If the auction is about goods that are belong to an estate or insolvency estate, or be sold for business abandonment, or be sold by public auction on the basis of statutory provisions (Section 383 (3) Of the Civil Code) and are offered in open outlets and which are unused or whose intended use consists in their consumption, in the written notice, there is also the occasion of the auction as well as the name and address of the contracting entities Specify.


Forms are available from the competent body or on the Internet.


Hints
No notification is required for the auction of agricultural inventory, agricultural and forestry products or livestock (Section 3 (1) sentence 2 Auctioneers Ordinance). Subsequent registration of individual auction items is possible if the requirements of Section 3 (2) a Auctioneers Ordinance are met.

Responsible for the content
Ministry of Economy, Construction and Tourism Mecklenburg-Vorpommern, Unit 410 Commercial Law

Last update or date of publication
28.07.2015