Particularly knowledgeable auctioneers Public order and swearing-in

Particularly knowledgeable auctioneers can generally be publicly appointed on request to the competent authority.

  • Identity card or passport
  • Curriculum vitae
  • Transcripts of certificates
  • Proof of the auctioneer's permit according to § 34b Abs.1 Gewerbeordnung (GewO)
  • Proof of special expertise
    • Documentation of work carried out, e.g. expert opinions prepared, list of auctions carried out
  • possibly confirmation of proof of special competence by a neutral and knowledgeable committee (e.B. IHK Bonn/Rhein-Sieg)
  • Proof of professional indemnity insurance
  • Clearance certificate from the tax office
  • Information from the debtor register of the district court
  • Information from the insolvency register of the district court
  • Police clearance certificate
  • for non-EU nationals:
    • if applicable, residence permit

In the case of prior written notification of a merely temporary exercise of the auctioneer's activity as a particularly knowledgeable auctioneer (§ 13a Gewerbeordnung (GewO) within the scope of application of the GewO by nationals of a member state of the EU or a state party to the Agreement on the European Economic Area, if they are legally established in one of these states for the exercise of the auctioneer activity:

  • Proof of nationality (e.B. by identity card or passport )
  • Proof of lawful establishment for the purpose of carrying out the auctioneer's activity in one of the aforementioned States
  • Proof that the exercise of these activities is not prohibited, even temporarily
  • Proof that there is no criminal record
  • Documents from the State of establishment proving personal reliability for the purpose of carrying out the auctioneer business
  • Proof of professional qualification, if the activity of the auctioneer trade is also linked to the possession of certain professional qualifications in the State of establishment
  • otherwise, proof that an auctioneer's trade has been practised in the State of establishment for at least two years in the previous ten years
  • Proof of insurance cover or other type of individual or collective protection in relation to professional liability

Related Links

  • § 34b Abs.1 Gewerbeordnung (GewO)

Preconditions

  • Applicant is a (commercially active) natural person or employee of auctioneers
    • The application cannot be made by legal persons.
  • Existence of the permit for auctions according to § 34b Abs.1 Gewerbeordnung (GewO)
  • in the case of general public appointment and swearing-in:
    • special expertise
    • above-average expertise and experience in the valuation of movable objects of the normally equipped household, as they are typically handed over to pawn shops for the purpose of lending, such as carpets, furs, jewelry, 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 public appointment and swearing-in has been requested
  • Knowledge of all relevant provisions of the GewO, the Auctioneer Ordinance (VerstV), the Commercial Code (HGB) and the Civil Code (BGB), which concern the responsibilities, rights and obligations of an auctioneer
  • Several years of professional experience as an auctioneer (several auctions per year)
  • The applicant must have proven to be particularly trustworthy in the successful exercise of the auctioneer business for several years
    • There must be no objections to the suitability as a publicly appointed and sworn auctioneer. He or she must guarantee the impartiality and independence as well as compliance with the obligations of a publicly appointed and sworn auctioneer and live in orderly economic circumstances.
  • Auctioneer Ordinance (VerstV)
  • § 34b Industrial Code (GewO)
  • German Commercial Code (HGB)
  • Civil Code (BGB)

Related Links

  • § 34b paragraph 5 Of the Industrial Code (GewO)

The request for public appointment should be made in writing. It must be indicated whether the applicant wishes to be appointed in general or only for certain types of auctions, i.e. for a specific subject area.

On the basis of this information and the documents submitted, the competent body shall verify that the applicant fulfils the conditions.

In order to verify expertise, the competent body may obtain references, obtain documents on the auctions carried out and obtain opinions from third parties or a panel of experts. If the applicant fulfils the requirements for the public appointment, he or she will be sworn in and receive an appointment certificate and the order notice.

The order may be placed in general or limited to certain types of auctions, insofar as there is a need for auctioneer services for these. It can also be limited in content, provided with a time limit and attached with conditions. The order is valid for the entire Federal territory. Publicly appointed auctioneers must be sworn in to the fact that they perform their duties conscientiously, without instructions and impartially.

Responsible for the content
Lower Saxony Ministry of Economic Affairs, Labour and Transport

Last update or date of publication
13.09.2018